Pandurang Bhongade vs The State Of Madhya Pradesh
2024 Latest Caselaw 20780 MP

Madhya Pradesh High Court

Pandurang Bhongade vs The State Of Madhya Pradesh on 1 August, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                                 1                            WP-19698-2024
                              IN      THE      HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE ANAND PATHAK
                                                    ON THE 1 st OF AUGUST, 2024
                                                 WRIT PETITION No. 19698 of 2024
                                               PANDURANG BHONGADE
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                   Shri Shakti Kumar Soni - Advocate for petitioner.

                                   Shri Ansuhman Swami - Government Advocate for respondent/State.

                                                               ORDER

Present petition has been preferred by the petitioner under Article 226 of Constitution of India seeking following reliefs : -

"(i) Issue a writ in the nature of mandamus for direction to the respondents, to grant benefit of annual increment which was become due to the petitioner on 1st Jan, 2009. Accordingly, the respondents be directed to recalculate the benefit of ritiral dues and pension and issue fresh PPO in favour of the petitioner and also release all consequential benefits.

(ii) Any other relief which this Honble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner."

2. It is the submission of learned counsel for petitioner that he was an employee of Health Department and worked as Supervisor and he has superannuated on 31.12.2008. Since increment can be earned on 1st of July, 2009, therefore, he denied benefit of next increment. Hence, this petition has

2 WP-19698-2024 been filed.

3. Learned counsel for petitioner referred a judgment of Apex Court in case of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. (Civil Appeal No. 2471/2023 dated 11.04.2023) and Rushibhai Jagdishbhai Pathak Vs. Bhavnagar Municipal Corporation, AIR Online 2022 SC 735 and order passed by this Court in the case of Yogendra Singh Bhadauria and Ors. Vs. State of Madhya Pradesh. According to him, he is entitled for the benefit as per circular dated 15th March, 2024 issued by Government of M.P., Finance Department. He seeks consideration and grant of increment accordingly. He also relied upon the order dated 28th July, 2023 passed in W.P. 4118/2020 (Ratanlal Rathore vs. State of M.P.).

4. Considering the aforesaid submissions, respondents/State are directed to consider the case of the petitioner in light of the aforementioned judgments passed by Apex Court as well as the Division of this Court and circular dated 15.03.2024 and take appropriate decision within two months from the date of submission of certified copy of this order.

5. If petitioner is entitled then benefit shall be immediately given otherwise reasoned order shall be passed.

6. Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE

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