Gorelal Sharma vs M.P. Pakshim Kshetra Vidyut ...
2023 Latest Caselaw 15811 MP

                             - : 1 :-
                                               W.P. No. 15206/2020



      IN THE HIGH COURT OF MADHYA PRADESH
                    AT INDORE
                     BEFORE
         HON'BLE SHRI JUSTICE VIVEK RUSIA

            ON THE 25th OF SEPTEMBER, 2023

             WRIT PETITION No. 15206 of 2020

BETWEEN:-
GORELAL SHARMA S/O VASUDEO JI SHARMA, AGED ABOUT 68
YEARS, OCCUPATION: RETD. GOVT. SERVANT 72-D, SAIBABA
NAGAR (DWARKAPURI) INDORE (MADHYA PRADESH)
                                             .....PETITIONER
(SHRI SHASHANK    PATWARI,     LEARNED   COUNSEL   FOR      THE
PETITIONER.)

AND
   M.P. PAKSHIM KSHETRA VIDYUT VITRAN CO. LTD. CHAIRMAN
1.
   CUM MANAGING DIRECTOR INDORE (MADHYA PRADESH)
   M.P. PASCHIM KSHETRA VIDUT VITRAN CO. LTD. THR CHIEF
2.
   ENGINEER (IR) POLOGROUND INDORE (MADHYA PRADESH)
   M.P. PASCHIM KSHETRA VIDUT VITRAN CO. LTD. THR
3.
   SUPERINTENDING ENGINEER KHARGONE (MADHYA PRADESH)
   M.P. PASCHIM KSHETRA VIDUT VITRAN CO. LTD. THR DIRECTOR
4. (F AND A) INDORE REGION OFFICE OF THE CHAIRMAN CUM
   MANAGING DIRECTOR OFFICE (MADHYA PRADESH)
   JOINT SECRETARY 3 C.C. PENSION CELL CENTRAL CLAIM
5. ESTABLISHMENT CELL M.P. PASCHIM KSHETRA VIDUT VITRAN
   CO. LTD. POLOGROUND INDORE (MADHYA PRADESH)
   M.P. PASCHIM KSHETRA VIDUT VITRAN CO. LTD. THR
6. EXECUTIVE ENGINEER (O AND M) BARWAHA DIVISION DIST
   KHARGONE (MADHYA PRADESH)
                                           .....RESPONDENTS
(SHRI MADHUSUDAN DWIVEDI, LEARNED COUNSEL FOR THE
RESPONDENTS.)


3
                                      - : 2 :-
                                                             W.P. No. 15206/2020



         This petition coming on for hearing this day, the court passed
the following:
                                    ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2010 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

2. 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 KPTCK and Ors. Vs. C.P. Mundinamani & Ors.) wherein it has been held that benefit of annual increment which was to be added on 1 st of July every year shall be paid to the employee who got retired on 30th of June of the said year, therefore, the present petitioner is also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2010 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 Court.

With the aforesaid, the petition stands allowed.

( VIVEK RUSIA ) JUDGE Alok/-

3 igitally signed by ALOK GARGAV D Date: 2023.09.26 18:30:47 +05'30'