Madhavsingh vs M.P. Power Management Company ...
2023 Latest Caselaw 14806 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                                   HON'BLE SHRI JUSTICE PRANAY VERMA
                                          ON THE 8 th OF SEPTEMBER, 2023
                                            WRIT APPEAL No. 854 of 2020

                          BETWEEN:-
                          1.    MADHAVSINGH S/O DASHRATH SINGH TOMAR,
                                AGED     ABOUT   64   YEARS, OCCUPATION:
                                PENSIONER R/O KANCHAN VIHAR PARISAR
                                UJJAIN (MADHYA PRADESH)

                          2.    VIJAY KUMAR S/O GENDALAL PARMAR, AGED
                                ABOUT 64 YEARS, OCCUPATION: PENSIONER R/O
                                C-19 ABHILASHA COLONY B-SECTOR, UJJAIN
                                (MADHYA PRADESH)

                          3.    RATANLAL S/O DHULJI MALVIYA, AGED ABOUT
                                64 YEARS, OCCUPATION: PENSIONER R/O UJJAIN
                                (MADHYA PRADESH)

                                                                             .....APPELLANTS
                          (SHRI YASH PAL RATHORE, COUNSEL FOR THE APPELLANTS).

                          AND
                          1.    M.P. POWER MANAGEMENT COMPANY LTD.
                                CHAIRMAN AND MANAGING DIRECTOR SHAKTI
                                BHAWAN VIDYUT NAGAR MPSEB COLONY
                                RAMPUR JABALPUR (MADHYA PRADESH)

                          2.    MANAGING      DIRECTOR, M.P. PASCHIM
                                KESHETRA VIDYUT VITRAN CO. LTD. G.P.H
                                COMPOUND POLOGROUND INDORE (MADHYA
                                PRADESH)

                          3.    CHIEF    ENGINEER, M.P.PASCHIM   KSHETRA
                                VIDYUT   VITRAN  CO.LTD UJJIAN   (MADHYA
                                PRADESH)

                          4.    EXECUTIVE ENGINEER, M.P.PASCHIM KHESTRA
                                VIDYUT  VITRAN   CO.LTD UJJAIN (MADHYA
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/12/2023
5:42:57 PM
                                                                2
                                PRADESH)

                                                                                          .....RESPONDENTS
                          (SHRI VAIBHAV JAIN, COUNSEL FOR THE RESPONDENTS).

                                   This appeal coming on for hearing this day, Justice Sushrut Arvind
                          Dharmadhikari passed the following:
                                                              JUDGMENT

B y filing the instant writ appeal under Section 2(1) of the Madhya Pradesh Uchha Nyayalaya (Khand Nayapith Ko Appeal) Adhiniyam, 2005, the appellants have assailed the order dated 29.07.2020 passed in Writ Petition No. 9940/2020, whereby the writ petition has been dismissed.

2. The brief facts of the case are that the appellants (petitoners in the

writ petition) aggrieved by non-grant of annual increment, approached this Court seeking redressal of their grievance. The appellants retired from service on 30.06.2016. Under the Sixth Pay Commission recommendations, the date of annual increment was fixed for every employee as 1st of July. The appellants who had worked for whole year from 1st of July to 30th of June have been denied the benefit of annual increment which was due on 1st of July. However, the writ petition filed by the appellants was dismissed by the learned Single Judge.

3. The issue in this writ appeal is no more res integra and has already been settled by the Supreme Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCK} and Ors. Vs. C.P. Mundinamani & Ors.) wherein it has been held that benefit of annual increment which was to be added on 1st of July every year shall be paid to the employee who got retired on 30th of June of the said year, therefore, the present appellants are also entitled to get the said benefit.

Signature Not Verified Signed by: SREEVIDYA Signing time: 9/12/2023 5:42:57 PM

4. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in case of C.P. Mundinamani (supra), this writ appeal is allowed. The impugned order dated 29.07.2020 passed in W.P.No. 9940/2020 is hereby quashed and set aside.

5. The respondents are directed to grant the benefit of annual increment which was to be added with effect from 1st of July after the appellants retired and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the appellants within a period of three months from the date of submitting certified copy of this order.

6. With the aforesaid direction, this appeal, stands disposed of.

                             (S. A. DHARMADHIKARI)                                     (PRANAY VERMA)
                                      JUDGE                                                JUDGE
                          vidya




Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/12/2023
5:42:57 PM