Rambabu vs The State Of Madhya Pradesh
2024 Latest Caselaw 20921 MP

Madhya Pradesh High Court

Rambabu vs The State Of Madhya Pradesh on 1 August, 2024

                                                                     1                            WP-19858-2024
                                   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. 19858 of 2024
                                                          RAMBABU
                                                            Versus
                                           THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                               Shri Rajesh Kumar Patel - Advocates for petitioner.
                               Shri B.D. Singh - Deputy Advocate General for respondents/State.

                                                                     ORDER

Per: Sanjeev Sachdeva, Acting Chief Justice

Petitioner claims annual increment which became payable on 01.07.2016 as petitioner was superannuated from service on 30.06.2016. 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 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

2 WP-19858-2024 01st 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 petitioner superannuated on 30.06.2016, petitioner became entitled to get the increment which became payable on 1st July, 2016. 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 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, respondents are directed to grant the annual increment to the petitioner which became payable on 01.07.2016 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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