Durga Das Khadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 15537 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 21 st OF SEPTEMBER, 2023
                                             WRIT PETITION No. 24181 of 2023

                           BETWEEN:-
                           DURGA DAS KHADORIYA S/O LATE SHRI PYARE LAL
                           KHADORIYA, AGED ABOUT 63 YEARS, OCCUPATION:
                           PENSIONER (RETIRED PRADHAN ARAKSHAK (REDIO)
                           OFFICE POLICE ADHIKSHAK (REDIO) KAMPOO
                           LASHKAR, GWALIOR H.NO. 317, RESHAM MILL NEW
                           LINE, BIRLA NAGAR GWALIOR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI NEERAJ SHRIVASTAVA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY, DEPARTMENT OF
                                 HOME, VALLABH BHAWAN, DISTRICT BHOPAL
                                 (MADHYA PRADESH)

                           2.    POLICE ADHIKSHAK (RADIO) KARYALAY POLICE
                                 ADHIKSHAK (REDIYO) KAMPOO, LASHKAR
                                 GWALIOR (MADHYA PRADESH)

                           3.    SAMBHAGIYA SANYUKT SANCHALAK KOSH AND
                                 LEKHA GWALIOR AND CHAMBAL SAMBHAG
                                 NEW RAJASW BHAWAN HARISHANKARPURAM
                                 LASHKAR GWALIOR (MADHYA PRADESH)

                           4.    ZILA  PENSON  ADHIKARI          GWALIOR DIST.
                                 GWALIOR (MADHYA PRADESH)

                           5.    ZILA KOSHALAY ADHIKARI           GWALIOR ZILA
                                 GWALIOR (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI VISHAL TRIPATHI - GOVERNMENT ADVOCATE)

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

Signature Not Verified
Signed by: RASHID KHAN
Signing time: 21-09-2023
07:03:37 PM
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                           following:
                                                                ORDER

1. The instant petition has been preferred by petitioner under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondents for not extending the benefit of increment. The petitioner, who retired as Head Constable on 30-06-2022, was denied increment on the pretext that he is not entitled.

2 . Learned counsel for petitioner submits that whether a government employee retiring on 30th June of a year is entitled to avail the benefit of increment as fixed on 1st of July is being decided by the Supreme Court recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs.

C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023, wherein after considering the judgments of different High Courts including the Madhya Pradesh High Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee who is going to be retired on 30th June of the said year. It is further submitted that controversy is now no longer res integra. The present petitioner stood retired on 30th June, 2022, therefore, he is entitled to avail the benefit of annual increment which was to be added on 01.07.2022.

3. Learned counsel for respondent/State could not dispute the passing of s aid order. However, he submits that it appears that SLP arising out of judgment of Division Bench of this Court is still pending consideration before the Supreme Court.

4. Heard.

5. After going through the judgment delivered by the Apex Court in the case of C.P. Mundinamani (supra), in para 6.3 and 6.7 it appears that the view Signature Not Verified Signed by: RASHID KHAN Signing time: 21-09-2023 07:03:37 PM

of M.P. High Court in the case of Yogendra Singh Bhadauria and ors. vs. State of Madhya Pradesh has been considered in favour of employee who is retiring on 30th June of that year. Once the Apex Court has decided the controversy and found the employee entitled for the benefit of approval of entitlement to receive increment while rendering the services over a year with good behaviour and efficiency then it appears that petitioner has made out his case.

6 . Resultantly, respondents are directed to grant the benefit of annual increment which was to be added w.e.f. 01.07.2022 and recalculate the benefit of retiral dues and pension etc. and issue fresh Pension Payment Order in favour of the petitioner, if not already issued, that too within a period of three months from the date of submission of certified copy of this order.

7. Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Ashish*

Signature Not Verified Signed by: RASHID KHAN Signing time: 21-09-2023 07:03:37 PM