Smt. Pushp Kala Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 20870 MP

Madhya Pradesh High Court

Smt. Pushp Kala Tiwari vs The State Of Madhya Pradesh on 1 August, 2024

                                                                   1                               WP-14109-2024
                                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. 14109 of 2024
                                             SMT. PUSHP KALA TIWARI AND OTHERS
                                                           Versus
                                          THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                Shri Manoj Kumar Mishra - 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 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

2 WP-14109-2024 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 along with interest @ 7% per annum for the delayed payment.

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 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


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