Hilariya Kindo vs The State Of Madhya Pradesh
2024 Latest Caselaw 21000 MP

Madhya Pradesh High Court

Hilariya Kindo vs The State Of Madhya Pradesh on 2 August, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1                            WP-22084-2024
                              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. 22084 of 2024
                                                HILARIYA KINDO AND OTHERS
                                                           Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Kishori Lal Purohit, learned counsel for the petitioner.
                                   Shri Sudeep Bhargava, learned Government Advocate for the
                           respondents / State.

                                                                ORDER

Per: Justice Sushrut Arvind Dharmadhikari

The petitioners have 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 01.07.2022. The petitioner retired from service on 30.06.2022 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) No.6185 of 2020] reported in 2023 LiveLaw (SC) 296 , wherein it has been

2 WP-22084-2024 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 01.07.2022 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