Jinendra Kumar Jain vs The State Of Madhya Pradesh
2024 Latest Caselaw 21009 MP

Madhya Pradesh High Court

Jinendra Kumar Jain vs The State Of Madhya Pradesh on 2 August, 2024

                                                               1                                WP-14935-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK JAIN
                                                   ON THE 2 nd OF AUGUST, 2024
                                                 WRIT PETITION No. 14935 of 2024
                                                JINENDRA KUMAR JAIN
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                             Shri Adarsh Patel, learned counsel for the petitioner.
                             Shri Yash Soni, learned Deputy Advocate General for the respondent/State.

                                                                 ORDER

The present petition has been filed seeking the relief of increment payable from 1st July of the year 2020, though the petitioner has retired on 30th June 2020 on attaining age of superannuation.

2. It is the grievance of the petitioner that his date of increment was 1st July of the year 2020. He retired from service on attaining the age of superannuation on 30th of June, 2020. Thus, he had completed the requisite length of service to become entitled to earn the next annual increment up to

30th June of the year 2020. However, since he retired on 30th of June 2020, he was not paid the increment which was to be paid to him w.e.f. 1st of July 2020.

3. Learned counsel for the petitioner relied on the judgment of Hon'ble Apex Court in Civil Appeal No. 2471/2023 (the Director Admn. and HR KPTCL and Ors. vs. C.P. Mundinamani & Ors) and also the circular issued by Finance Department dated 15.03.2024 whereby the State Government has

2 WP-14935-2024 taken decision to grant such benefit in terms of the decision passed by the Apex Court in identical matters. Learned counsel further relies on the judgment of Hon'ble Supreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh Power Transmission Company Ltd. and another Vs. S.R. Ramchandran and Ors) dated 11.07.2023.

4. Considering the grievance, this petition is disposed of directing the respondents to verify the service record of the petitioner and act in accordance with the aforesaid judgments as well as Finance department circular dated 15.03.2024. If the petitioner is found to have completed the length of service on 30th June 2020 and to be entitled for next increment, then the necessary dues be worked out and paid to him within a period of

two months from the date of production of certified copy of this order.

5. With the aforesaid, petition is disposed of.

(VIVEK JAIN) JUDGE

RS