Kalicharan Dubey vs The State Of Madhya Pradesh
2024 Latest Caselaw 20876 MP

Madhya Pradesh High Court

Kalicharan Dubey vs The State Of Madhya Pradesh on 1 August, 2024

                                                          1                           WP-21371-2024
                            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. 21371 of 2024
                                               KALICHARAN DUBEY
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                 Shri Amit Kumar Pandey, Advocate for petitioner.
                                 Shri B.D. Singh, Deputy Advocate General for respondents.

                                                           ORDER

Per: Sanjeev Sachdeva, Acting Chief Justice

1. Petitioner claims annual increment which became payable on 01.07.2024 as petitioner was superannuated from service on 30.06.2024. 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 WP-21371-2024

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 01st July and 01st January as the case may be.

3. Learned Government Advocate 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 30.06.2024, petitioner became entitled to get the increment which became payable on 1st July, 2024 along with interest @ 7% per annum for the delayed payment.

5. Accordingly, respondents are directed to grant the annual increment to the petitioner which became due on 01.07.2024 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


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