Janardan Kumar Khare vs M.P. Power Transmission Co. Ltd.
2024 Latest Caselaw 20931 MP

Madhya Pradesh High Court

Janardan Kumar Khare vs M.P. Power Transmission Co. Ltd. on 1 August, 2024

                                                                  1                              WP-19414-2024
                                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. 19414 of 2024
                                           JANARDAN KUMAR KHARE AND OTHERS
                                                        Versus
                                      M.P. POWER TRANSMISSION CO. LTD. AND OTHERS
                           Appearance:
                                Shri Pramod Kumar Khare- Advocate for the petitioners.
                                Shri B.D. Singh- Deputy Advocate General for the 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-19414-2024 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 for the State 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, as the

case may be along with interest @7% per annum for the delayed payment.

5. Accordingly, the State is 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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