Rameshawar Dayal Gupta vs Mp Power Transmission Co. Ltd.
2023 Latest Caselaw 15544 MP

                                                             1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                              ON THE 21 st OF SEPTEMBER, 2023
                                               WRIT PETITION No. 18163 of 2020

                          BETWEEN:-
                          RAMESHAWAR DAYAL GUPTA S/O SHRI M L GUPTA,
                          AGED-62 YEARS, OCCUPATION: PENSIONER R/O E-76
                          BALWANT NAGAR GANDHI ROAD GWALIOR (MADHYA
                          PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI S.K.S. JADOUN- ADVOCATE )

                          AND
                          1.     MP POWER TRANSMISSION CO. LTD. MANAGING
                                 DIRECTOR BLOCK NO 4 SHAKTI BHAWAN
                                 VIDYUT NAGAR RAMPUR JABALPUR (MADHYA
                                 PRADESH)

                          2.     SUPERINTENDENT ENGINEER (TESTING AND
                                 COMMUNICATION) MP POWER TRANSMISSION
                                 CO LTD. GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI DEEPAK KHOT- GOVERNMENT ADVOCATE )

                                 Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                              ORDER

Heard on I.A. No.8432/2023, which is an application for amendment in the cause title of the petition.

Looking to the averments made in the application, the same is allowed. Let necessary amendments be carried out during the course of the day. The present petition under Article 226 of the Constitution of India has

Signature Not Verified been directed against the inaction on the part of the respondents in not granting Signed by: CHANDNI NARWARIYA Signing time: 23-Sep-23 4:05:14 PM

the annual increment which fell due on 01.07.2020 to the petitioner, whereas the petitioner has completed service of required period in preceding year from the date of last increment and retired on 30.06.2020 despite of various orders of Hon'ble apex court and High Courts.

At the outset, learned counsel for the petitioner while placing reliance in the matter of Dr. Rameshwar Prasad Gupta vs. State of Madhya Pradesh passed in W.P. No. 12902/2023 dated 15.06.2023 submitted that the controversy has been put to rest by this Court, wherein reliance was placed in the matter of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., passed in Civil Appeal No.2471/2023 dated

11.04.2023 whereby after considering the judgments of different High Courts including this 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 was further submitted that as the controversy is now no longer res integra and the present petitioner has stood retired on 30.06.2020, therefore, he is entitled for availing the benefit of annual increment which would be added on 01.07.2020.

Learned State counsel submits that the controversy though appears to be put to rest by the Hon'ble Apex court that earlier due to difference of opinion between the two Benches of this Court the subject matter was referred to a large Bench which is still pending, thus, he prays for deferment of the matter till the decision of the larger Bench.

After hearing counsels for the parties and perusing the record, this Court finds that the said controversy has already been put to rest by the Hon'ble Apex Court which has been elucidated by this Court in the matter o f Dr. Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 23-Sep-23 4:05:14 PM

Rameshwar Prasad Gupta vs. State of M.P. (supra).

Resultantly, it is held that the petitioner is entitled for the benefit of annual increment which will fell due on first day of July of the year of his retirement and the respondent is, therefore, directed to grant the benefit of annual increment and recalculate the benefit of retiral dues and pension of the petitioner and issue fresh pension payment order in favour of the petitioner, if found entitled.

Let this exercise be done within a period of three months from the date of receipt of certified copy of this order.

With the aforesaid, the petition stands disposed of. E-copy/certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 23-Sep-23 4:05:14 PM