Brajesh Kumar Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 20775 MP

Madhya Pradesh High Court

Brajesh Kumar Gupta vs The State Of Madhya Pradesh on 1 August, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                1                              WP-21156-2024
                                  IN     THE    HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                           BEFORE
                                              HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                              &
                                         HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                    ON THE 1 st OF AUGUST, 2024
                                                  WRIT PETITION No. 21156 of 2024
                                                   BRAJESH KUMAR GUPTA
                                                           Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                  Shri Sunil Kumar Jain, learned counsel for the petitioner.
                                  Shri   Ajay    Kumar     Nirankari,    Government     Advocate     for   the
                          respondents/State.

                                                                 ORDER

Per: Justice Vivek Rusia

1. The petitioner has approached this court by way of this petition claiming the benefit of annual increment w.e.f. 1st July 2017 along with arrears and interest. The petitioner retired from service on 30.06.2017 and all the terminal benefits were given to him by the respondents. Now he is claiming the annual increment w.e.f. 1st of July of that year, in light of the judgment passed by the Supreme

Court of India in the case of The Director (Admn. and HR) KPTCL & Ors. Vs. C.P.Mundinamani & Ors. reported in 2023 SCC OnLine SC 401 , whereby the benefit of annual increment fell due on 1st July of every year has been directed to be given to all the Government employees who retired on 30th June of the relevant year.

2. Learned counsel for the petitioner submits that the present petitioner is also entitled to get the said benefit of the annual increment which became payable

2 WP-21156-2024

to him on 1st July with arrears and interest.

3. The learned State counsel appearing for the respondents/State is not disputing the entitlement of the petitioner for the grant of annual increment w.e.f. 01.07.2017 but objects to the payment of arrears and interest from 2017 as there is huge delay in filling the Writ Petition before this court. Learned State counsel has placed reliance on the judgment of the Apex Court in the case of Rushibhai Jagdishbhai Pathak Vs. Bhavnagar Municipal Corporation [2022 SCC OnLine SC 641] in which the arrears and interest for three years before the date of filing of the Writ Petition has been granted to the writ petitioner due to approaching the High Court with the delay.

4. Considering the aforesaid submissions of the rival parties and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani

and Rushibhai Jagdishbhai Pathak (supra), this petition is allowed, by directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2017 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. The petitioner shall be entitled to arrears with interest only for three years before the date of filing of the writ petition.

5. With the aforesaid, the petition stands allowed to the extent indicated above.

                                    (VIVEK RUSIA)                                 (RAJENDRA KUMAR VANI)
                                        JUDGE                                             JUDGE


                          Ahmad