Anil Kumar Harne vs The State Of Madhya Pradesh
2024 Latest Caselaw 20848 MP

Madhya Pradesh High Court

Anil Kumar Harne vs The State Of Madhya Pradesh on 1 August, 2024

                                                                1                           WP-18439-2024
                              IN      THE     HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                         HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,
                                                  ACTING CHIEF JUSTICE
                                                            &
                                           HON'BLE SHRI JUSTICE VINAY SARAF
                                                    ON THE 1 st OF AUGUST, 2024
                                                  WRIT PETITION No. 18439 of 2024
                                                  ANIL KUMAR HARNE
                                                        Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                             Dr. Anil Kumar Pare - Advocate for petitioner.
                             Shri B.D.Singh - Dy. Advocate General for respondents/State.

                                                                 ORDER

Per: Sanjeev Sachdeva, Acting Chief Justice

1. Petitioner claims annual increment which became payable on 01.07.2012 as petitioner was superannuated from service on 30.06.2012. Reference may be had to judgment of the Supreme Court in Director (ADMN) and HR KPTCL v. C.P. Mundinamani, 2023 SCC OnLine SC 401 , wherein the Supreme Court of India has held that the entitlement to receive increment crystallises when the Government servant completes a requisite length of service

with good conduct and becomes payable on the succeeding day and held that annual increment earned on the last day of service for rendering good service preceding one year from the date of retirement with good behaviour and efficiency was liable to be paid to the employee.

2. Reference may also be had to Circular dated 15.03.2024 issued by the Finance Department of the State of Madhya Pradesh directing all departments to

2 WP-18439-2024 grant annual increment to all the employees who have retired on 30th June / 31st December with regard to annual increment that became payable on 01st July and 01st January as the case may be.

3. Learned Deputy Advocate General submits that there are thousands of employees who are covered by the Circular and said Circular is being implemented and the cases are being scrutinized and processed accordingly.

4. Be that as it may, since petitioner superannuated on 30.06.2012 petitioner became entitled to get the increment which became payable on 1st July, 2012. However, in view of the judgment of the Supreme Court in Rushibhai Jagdishchandra Pathak vs. Bhavnagar Municipal Corporation, 2022 SCC online SC 641 , since there is delay in approaching the Court, we restrict the benefit of arrears to a period of three years immediately preceding the filing of the petition

along with interest @ 7% per annum.

5. Accordingly, respondents are directed to grant the annual increment to the petitioner which became due on 01.07.2012 with all consequential benefits. Further, it is directed that the amount accrued in favour of the petitioner on account of annual increment be paid to the petitioner within a period of six weeks.

6. petition is allowed in the above terms.

                                 (SANJEEV SACHDEVA)                                  (VINAY SARAF)
                                 ACTING CHIEF JUSTICE                                    JUDGE


                           VPA