Nagulal Parmar vs The State Of Madhya Pradesh
2023 Latest Caselaw 16074 MP

                               - : 1 :-
                                                      W.P. No. 23677/2023



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

                 ON THE 27th OF SEPTEMBER, 2023

                 WRIT PETITION No. 23677 of 2023

BETWEEN:-
NAGULAL PARMAR S/O SHRI SWAROOP JI, AGED ABOUT 67 YEARS,
OCCUPATION: RET. PEON TONDI JAMALPURA, TEHSIL MAHIDPUR,
DISTT. UJJAIN (MADHYA PRADESH)
                                                   .....PETITIONER
(SHRI RAKESH PAL, LEARNED COUNSEL FOR THE PETITIONER.)

AND
   THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1. GENERAL ADMINISTRATION DEPARTMENT VALLABH BHAWAN,
   BHOPAL (MADHYA PRADESH)
2. COLLECTOR UJJAIN, DIST. UJJAIN (MADHYA PRADESH)
   TEHSILDAR TEHSIL. MAHIDPUR, DIST. UJJAIN (MADHYA
3.
   PRADESH)
   THE JOINT DIRECTOR KOSH LEKHA AVAM PENSION DIVISION
4.
   UJJAIN (MADHYA PRADESH)
   DIVISIONAL PENSION OFFICER PENSION OFFICE UJJAIN, DIST.
5.
   UJJAIN (MADHYA PRADESH)
                                                 .....RESPONDENTS
(SHRI TARUN KUSHWAH, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENTS/STATE ON ADVANCE COPY.)




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

3
                                     - : 2 :-
                                                             W.P. No. 23677/2023



                                 ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2018 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 01.07.2018 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/-

Digitally signed by ALOK GARGAV Date: 2023.09.27 17:25:13 +05'30'