Anwar Kha Sheikh vs The State Of Madhya Pradesh
2024 Latest Caselaw 20765 MP

Madhya Pradesh High Court

Anwar Kha Sheikh vs The State Of Madhya Pradesh on 1 August, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                1                            WP-21655-2024
                                IN     THE      HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       BEFORE
                                HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                         &
                                  HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA
                                                     ON THE 1 st OF AUGUST, 2024
                                                  WRIT PETITION No. 21655 of 2024
                                                   ANWAR KHA SHEIKH
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                     Shri Yash Pal Rathore , learned counsel for the Petitioner.
                                     Shri Bhuwan Gautam appearing on behalf of Advocate General -
                           respondents/State.

                                                                  ORDER

Per: Justice Sushrut Arvind Dharmadhikari

By the instant petition, the petitioner is claiming that although petitioner stood retired on 30/06/2021 and the annual increments were to be added on 1st of July of that year, but they were 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 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 petitioner is also entitled to get the said benefit.

2 WP-21655-2024

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 01/07/2021 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 order. The petitioner shall also be entitled to interest @ 6% per annum over the aforesaid arrears of pension from the date the arrears became due till the date of payment.

4. With the aforesaid, the petition stands allowed.

                           (SUSHRUT ARVIND DHARMADHIKARI)                   (DUPPALA VENKATA RAMANA)
                                     JUDGE                                            JUDGE


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