Madhya Pradesh High Court
Dr. Om Prakash Khandelwal vs Higher Education Department on 1 April, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 1 st OF APRIL, 2024
WRIT PETITION No. 26469 of 2019
BETWEEN:-
DR. OM PRAKASH KHANDELWAL S/O LATE SHRI
SHANKARLAL KHANDELWAL, AGED ABOUT 68 YEARS,
OCCUPATION: PENSIONER 4/12, MAHATMA GANDHI
MARG, BARWANI, DISTRICT BARWANI (M.P) (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE, ADVOCATE.)
AND
1. HIGHER EDUCATION DEPARTMENT PRINCIPAL
SECRETARY GOVT. OF M.P. VALLABH BHAWAN
MANTRALAYA BHOPAL (MADHYA PRADESH)
2. THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF MADHAYA PRADESH FINANCE
DEPARTM ENT VALLABH BHAWAN MATRALYA
BHOPAL (MADHYA PRADESH)
3. THE COMMISSIONER OF HIGHER EDUCATION
GOVERNMENT OF M.P. SATPURA BHAVAN
BHOPAL (MADHYA PRADESH)
4. THE PRINCIPAL GOVERNMENT SHAHID BHIMA
NAYAK P.G. COLLEGE BARWANI BARWANI DIST
BARWANI (MADHYA PRADESH)
5. THE DISTRICT PENSION OFFICER DIRECTORATE
OF TREASURY AND ACCOUNTS BARWANI DIST
BARWANI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDHANSHU VYAS, PANEL LAWYER.)
T h is petition coming on for orders this day, t h e cou rt passed the
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 02-04-2024
12:24:00
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following:
ORDER
01. The petitioner has filed the present petition under Article 226 of the
Constitution of India seeking following reliefs:
This Hon'ble Court may graciously be pleased :-
(a) to call for the relevant records of the case from the
respondents;
(b) to quash the impugned PPO/GPO order dated 22.8.2019
(Annexure P/8) issued by the respondent no.5 in so far as it does not
taking into consideration the services rendered by the petitioner as ad
hoc Lecturer (Assistant Professor) in Physics w.e.f 3.1.1983 to
15.6.1987 for the purpose of calculation of pension and gratuity under
the provision of M.P. Civil Service (Pension) Rules, 1976 by a writ of
CERTIORARI or any other appropriate writ, direction or order:
(c) to command the respondents to count the petitioner's service
rendered by him as ad hoc Lecturer (Assistant Professor) in Physics
from 3.1.1983 to 15.6.1987 for the purpose of calculation of pension,
gratuity, leave encashment and other admissible retiral dues and to re-fix
the last drawn pay by the petitioner and to release the revised retiral
dues along with interest @ 12% per annum by a writ of MANDAMUS
or any other appropriate writ, direction or order;
(d) to command the respondents to add one annual increment in
the last drawn pay of the petitioner as on 30.6.2016 and on the basis of
the aforesaid to grant the petitioner pension, gratuity, leave encashment
etc. by re-fixing the aforesaid retiral dues and to release arrears thereof
along with interest @ 12% per annum by a writ of MANDAMUS or
any other appropriate writ, direction or order;
(e) allow this petition with costs;
(f) pass such other order(s) as may be deemed appropriate in
the facts and circumstances of the case, to grant relief to the petitioner.
02. Learned counsel for the petitioner submits that the relief Nos.7-(b) &
(c) have been granted and period from 03.01.1983 to 15.06.1987 has been
counted for the purpose of pension.
03. So far as the relief No.7-(d) for grant of annual increment fell due on
01.07.2016 in which the petitioner retired from service on 30.06.2016, after
attaining the age of superannuation is concerned, this issue has already been
settled on 11.04.2023 by the Supreme Court recently in the case of Director
(Admn. & HR) KPTCK & Others v/s C.P. Mundinamani & Others [Civil
Appeal No.2471 of 2023 @ SLP (C) No.6185 of 2020] reported in 2023
LiveLaw (SC) 296, wherein it has been held that the benefit of annual
increment which was to be added on 1st of July every year shall be paid to the
employee who got retired on 30th of June of the said year, therefore, the present
petition is also entitled to get the said benefit.
04. Considering the aforesaid and taking note of the judgment passed by
the Supreme Court in the case of C.P. Mundinamani (supra), the
respondents are directed to grant the benefit of annual increment which was to
be added with effect from 01.07.2016 and recalculate the benefit of retiral dues
and pension and issue fresh Pension Payment Order (PPO) in favour of the
petitioner within a period of three months from the date of receipt of certified
copy of this order.
05. Since there is a delay in approaching this Court, thus the petitioner
shall not be entitled for entire arrears / interest, however, the same shall be
payable to him from the last three years as well as due annual increment only.
PPO be accordingly revised.
06. With the aforesaid, Writ Petition stands disposed of.
(VIVEK RUSIA)
JUDGE
Divyansh
