Citation : 2024 Latest Caselaw 21106 MP
Judgement Date : 5 August, 2024
1 WP-21521-2024
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 5 th OF AUGUST, 2024
WRIT PETITION No. 21521 of 2024
RAM KUMAR KONTU
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Akshat Kumar Jain, learned counsel for the petitioner.
Shri Rohit Mishra, Additional Advocate General for the respondents/State.
ORDER
Per: Justice Vivek Rusia
1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2023 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.
2. Learned counsel for the petitioner submits that the issue involved in the present case has already been settled by the Supreme Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCL and Ors Vs. C.P.
Mundinamani & Ors), wherein it has been held that 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 said benefit.
3. Considering the aforesaid and taking note of the judgment passed by the 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
2 WP-21521-2024
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 order. The petitioner shall also be entitled to interest at the rate of 6% per annum from the date of his entitlement i.e. 1/7/2023 till the date of actual payment.
4. With the aforesaid, the petition stands allowed to the extent indicated above.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Ahmad
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