Suresh Kumar Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 20896 MP

Madhya Pradesh High Court

Suresh Kumar Tiwari vs The State Of Madhya Pradesh on 1 August, 2024

                                                              1                                WP-20356-2024
                            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. 20356 of 2024
                                        SURESH KUMAR TIWARI AND OTHERS
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                            Shri Deependra Kumar Mishra - Advocate for petitioners.
                            Shri B.D. Singh - Deputy Advocate General for respondents-State.

                                                                ORDER

Per: Sanjeev Sachdeva, Acting Chief Justice

Petitioners claim that they have stood superannuated from service on

30th June, 2024 and therefore, they are entitled to the benefit of annual

increment which became due to them on 1st July, 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 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 date of retirement with good behaviour and efficiency was liable to be paid to the employee.

2 WP-20356-2024

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 / 31 st December with regard to annual increment that became

payable on 1st July or 1 st 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 30 th June, 2024, they are entitled to get the annual increment on the succeeding

day of their retirement i.e. on 1st of July, 2024 along with interest @ 7% per

annum for the delayed payment.

5. Accordingly, the respondents are directed to grant the annual increment

to the petitioners which became due to them on 1st of July, 2024, 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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