Kastoorchand Kushwah vs Mp. Madhya Kshetra Vidyut Vitaran ...
2024 Latest Caselaw 21032 MP

Madhya Pradesh High Court

Kastoorchand Kushwah vs Mp. Madhya Kshetra Vidyut Vitaran ... on 2 August, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                1                           WP-21681-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                            &
                                       HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                    ON THE 2 nd OF AUGUST, 2024
                                                  WRIT PETITION No. 21681 of 2024
                                           KASTOORCHAND KUSHWAH
                                                     Versus
                              MP. MADHYA KSHETRA VIDYUT VITARAN COMPANY LTD. AND
                                                    OTHERS
                           Appearance:
                                 Shri S.K.Sharma - Advocate for the petitioner.

                                                                 ORDER

Per: Justice Vivek Rusia

1. The petitioner has approached this court by way of this petition claiming

the benefit of annual increment w.e.f. 1 st July 2015 along with arrears and interest. The petitioner retired from service on 30.06.2015 and all the terminal benefits were given to him by the respondents. Now he is claiming the annual increment w.e.f. 1st of July of that year, in light of the judgment passed by the Supreme Court of India in the case of The Director (Admn. and HR) KPTCL &

Ors. Vs. C.P.Mundinamani & Ors. reported in 2023 SCC OnLine SC 401 ,

whereby the benefit of annual increment fell due on 1st July of every year has

been directed to be given to all the Government employees who retired on 30th June of the relevant year.

2. Learned counsel for the petitioner submits that the present petitioner is also entitled to get the said benefit of the annual increment which became payable to him on 1st July with arrears and interest.

2 WP-21681-2024

3. The learned State counsel appearing for the respondents/State is not disputing the entitlement of the petitioner for the grant of annual increment w.e.f. 01.07.2015 but objects to the payment of arrears and interest from 2015 as there is huge delay in filling the Writ Petition before this court. Learned State counsel has placed reliance on the judgment of the Apex Court in the case of Rushibhai Jagdishbhai Pathak Vs. Bhavnagar Municipal Corporation [2022 SCC Online SC 641] in which the arrears and interest for three years before the date of filing of the Writ Petition has been granted to the writ petitioner due to approaching the High Court with the delay.

4. Considering the aforesaid submissions of the rival parties and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani and Rushibhai Jagdishbhai Pathak (supra), this petition is allowed, by directing

the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2015 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 order. The petitioner shall be entitled to arrears with interest only for three years before the date of filing of the writ petition.

5. With the aforesaid, the petition stands allowed to the extent indicated above.

                                       (VIVEK RUSIA)                             (RAJENDRA KUMAR VANI)
                                           JUDGE                                         JUDGE


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