Madhya Pradesh High Court
Shambhu Prasad Shrivastava vs The State Of Madhya Pradesh on 1 August, 2024
1 WP-14927-2024
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. 14927 of 2024
SHAMBHU PRASAD SHRIVASTAVA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kishor Roy - Advocate for petitioners.
Shri B.D. Singh - Deputy Advocate General for respondents/State.
ORDER
Per: Sanjeev Sachdeva, Acting Chief Justice
1. Petitioners claim that they have stood superannuated from service on
their respective dates of superannuation i.e. on 30th June and 31st December
and therefore, they are entitled to the benefit of annual increment which
became due to them on their respective dates of annual increment i.e. on 1st
of July of that year or 1st of January of the succeeding year, as the case may
be. 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 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
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day. The Supreme Court further 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 grant annual increment to all the employees who have retired
on 30th June / 31st December with regard to annual increment that became
payable on 1st July and 1st 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 petitioners superannuated from service on 30th
June and 31st December respectively, they are entitled to get the annual
increment on the succeeding day of their retirement i.e. on 1st of July or 1st
of January, as the case may be. 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 a 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, the respondents are directed to grant the annual increment
to the petitioner which became due to them on 1st of July or 1st of January
as the case may be, with all consequential benefits. Further, it is directed that
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the amount accrued in favour of the petitioners on account of annual
increment be paid to them within a period of six weeks.
6. Petition is allowed in the above terms.
(SANJEEV SACHDEVA) (VINAY SARAF)
ACTING CHIEF JUSTICE JUDGE
vibha
