Nanda Vyas vs Madhya Pradesh Housing And ...
2024 Latest Caselaw 20907 MP

Madhya Pradesh High Court

Nanda Vyas vs Madhya Pradesh Housing And ... on 1 August, 2024

                                                                 1                                WP-19350-2024
                                 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. 19350 of 2024
                                                     NANDA VYAS
                                                        Versus
                                      MADHYA PRADESH HOUSING AND INFRASTRUCTURE
                                               DEVELOPMENT AND OTHERS
                           Appearance:
                             Shri Abhinav Shrivastav - Advocate for the petitioner.
                             Ms. Janhavi Pandit - Additional Advocate General for the respondents/State.

                                                                   ORDER

Per: Sanjeev Sachdeva, Acting Chief Justice

1. Petitioner claims annual increment which became payable on 01.07.2021 as petitioner was superannuated from service on 30.06.2021. 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 grant

2 WP-19350-2024 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 or 1st January as the case may be.

3. Learned Additional 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 30.06.2021, petitioner became entitled to get the increment which became payable on 1st July, 2021 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 01.07.2021 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


                           Akm