Ramraj Yadav vs The State Of Madhya Pradesh Through ...
2024 Latest Caselaw 20986 MP

Madhya Pradesh High Court

Ramraj Yadav vs The State Of Madhya Pradesh Through ... on 2 August, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1                           WP-21578-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                    BEFORE
                             HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                               HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA
                                                   ON THE 2 nd OF AUGUST, 2024
                                                  WRIT PETITION No. 21578 of 2024
                                                 RAMRAJ YADAV
                                                     Versus
                                THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
                                             SECRETARY AND OTHERS
                           Appearance:
                                   Shri Shashank Patwari, learned counsel for the petitioner.
                                   Shri Sudeep Bhargava, learned Deputy Advocate General for the
                           respondents / State.

                                                               ORDER

Per: Justice Sushrut Arvind Dharmadhikari

The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction, directing the respondents to grant him annual increment fell due on

01.07.2023. The petitioner retired from service on 30.06.2023 after attaining the age of superannuation.

02. Learned counsel for the petitioner contended that the issue involved in this case has already been settled on 11.04.2023 by the Supreme Court recently in the case of Director (Admn. & HR) KPTCL & Others v/s C.P. Mundinamani & Others [Civil Appeal No.2471 of 2023 @ SLP (C)

2 WP-21578-2024 No.6185 of 2020] reported in 2023 LiveLaw (SC) 296 , wherein it has been

held that the benefit of annual increment which was to be added on 1st of

July every year shall be paid to the employee who got retired on 30th of June of the said year, therefore, the present petitioner is also entitled to get the aforesaid benefit.

03. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamani (supra) , this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2023 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of three months from the date of submitting copy

of this Court order. The petitioner shall also be entitled to interest @ 6% per annum over the aforesaid arrears of pension from the date the arrears became due till the date of payment.

04. With the aforesaid, Writ Petition stands allowed.

                           (SUSHRUT ARVIND DHARMADHIKARI)                 (DUPPALA VENKATA RAMANA)
                                     JUDGE                                          JUDGE


                           Ravi