Mehboob Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 14501 MP

                                                                 1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                              ON THE 4 th OF SEPTEMBER, 2023
                                              WRIT PETITION No. 20841 of 2022

                         BETWEEN:-
                         MEHBOOB KHAN S/O LATE SHRI HAMID KHAN, AGED
                         ABOUT 62 YEARS, OCCUPATION: SERVICE R/O 4
                         DAULATBAG COLONY KHAJRANA (MADHYA PRADESH)

                                                                                                    .....PETITIONER
                         (BY SHRI MOHAMMED IQBAL KHAN - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                               SECRETARY VALLABH BHAWAN DISTRICT
                               BHOAPL (MADHYA PRADESH)

                         2.    DIRECTOR            GENERAL     POLICE. POLICE
                               H E A D Q U A R T E R S POLICE HEADQUARTERS,
                               DISTRICT BHOPAL. (MADHYA PRADESH)

                         3.    COMMISSIONER OF POLICE. REGAL SQUARE,
                               INDORE. (MADHYA PRADESH)

                         4.    DEPUTY    COMMISSIONER OF                           POLICE.
                               HEADQUARTER, REGAL SQUARE,                         INDORE.
                               (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                         (BY MS. HARSHLATA SONI - G.A./P.L.)

                               This petition coming on for admission this day, th e court passed the
                         following:
                                                                  ORDER

This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

"1. That the Hon'ble Court may kindly be pleased to allow the petition and issue a Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 9/4/2023 6:27:36 PM

Writ of Certiorari /mandamus or any appropriate writ or direction against the respondent, and quash the order dated 02.07.2022 Annexure P/3. 2- That the respondents may kindly be directed to grant the benefit of increment to the petitioner on 01.07.2021 with further director to recalculate the pension, gratuity and other retiral dues of the petitioner. 3- That, respondent may further be directed to pay the arrears of retiral dues and revised pension with 12% interest thereupon from the date of retirement till the date of actual payment.

4- To allow this wit petition with cost. 5- To pass such other writ or order which this Hon'ble court deems fit in the facts and circumstances of the case to grant in favor of the petitioner."

Counsel for the petitioner submits that the case is clearly covered by the order passed by the Principal Seat of this Court at Jabalpur in W.P. No.9628 of 2023 dated 02.05.2023 and the same shall be applicable mutatis mutandis in the

present case also.

Counsel for respondents/State has not denied the same. Order dated 02.05.2023 passed in W.P. No.9628 of 2023 reads as under:-

"By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2015 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

Learned counsel for the petitioner submits that the issue involved in the present case has already been settled by the Supreme Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCL and Ors Vs. C.P. Mundinamani & Ors) wherein it has been held that benefit of annual increment which was to be added on 1 of July every year shall be paid to the employee who got"retired on. 30" of Tune of the said year, therefore the present petitioner is also entitled to get the said benefit.

Considering the aforesaid and taking note of the judgment passed by the Supreme Court in case of C.P. Mundinamani (supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2015 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the''petitioner within a period of three months from the date of submitting copy of this order.

With the aforesaid, the petition stands allowed."

On due consideration and in the light of the aforesaid order dated 02.05.2023 passed in W.P. No.9628 of 2023, the present petition stands Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 9/4/2023 6:27:36 PM

disposed of. Order dated 02.05.2023 passed in W.P. No.9628 of 2023 shall apply mutatis mutandis in the present case also.

(SUBODH ABHYANKAR) JUDGE Pankaj

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 9/4/2023 6:27:36 PM