Kailashchandra Pathrade vs Janjatiya Karya Vibhag
2023 Latest Caselaw 15560 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK RUSIA
                                           ON THE 21 st OF SEPTEMBER, 2023
                                            WRIT PETITION No. 11549 of 2021

                          BETWEEN:-
                          KAILASHCHANDRA PATHRADE S/O SHRI GANESHILAL
                          PATHRADE, AGE: 69 YEARS, OCCUPATION: RETIRED
                          ASSISTANT TEACHER, R/O: 251, BASANT VIHAR
                          COLONY, DHAR, DISTRICT DHAR (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI KSHITIJ VYAS - ADVOCATE.)

                          AND
                          1.    AAYUKT, J ANJATIYA KARYA VIBHAG, BHOPAL
                                (MADHYA PRADESH)

                          2.    D I R ECTO R , M.P. LOK SHIKSHAN VIBHAG,
                                GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)

                          3.    ASSISTANT COMMISSIONER, JANJATIY KARYA
                                VIBHAG, COLLECTOR OFFICE CAMPUS, DHAR
                                (MADHYA PRADESH)

                          4.    DISTRICT    EDUCATION     OFFICER, DHAR,
                                DISTRICT DHAR (MADHYA PRADESH)

                          5.    PRINCIPAL, GOVERNMENT GIRLS HIGH SCHOOL,
                                TIRLA, BLOCK DEVELOPMENT TIRLA, DISTRICT
                                DHAR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI KOUSTUBH PATHAK - ADVOCATE.)

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

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 9/22/2023 10:46:48 AM

The issue involved in this writ petition has already been decided by this Court in Writ Petition No.2628 of 2023 (Bashant Kumar Rai v. The State of Madhya Pradesh) decided on 02.05.2023. The order dated 02.05.2023 is reproduced below:-

''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 1of July every year shall be paid to the employee who got retired on 30 of June 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.''

In view of above, the Writ Petition is disposed off. The order passed in the case Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 9/22/2023 10:46:48 AM

of Bashant Kumar Rai (supra) shall apply mutatis mutandis in the present case also.

(VIVEK RUSIA) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 9/22/2023 10:46:48 AM