Abdul Rauf vs The State Of Madhya Pradesh
2024 Latest Caselaw 21125 MP

Madhya Pradesh High Court

Abdul Rauf vs The State Of Madhya Pradesh on 5 August, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1                            WP-14250-2020
                              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 5 th OF AUGUST, 2024
                                                WRIT PETITION No. 14250 of 2020
                                                    ABDUL RAUF
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Arvind Kumar Sharma, learned counsel for the petitioner.
                                   Shri   Bhuwan     Gautam,      learned   Govt.   Advocate     for     the
                           respondent/State.

                                                               ORDER

Per: Justice Sushrut Arvind Dharmadhikari

By the instant petition, the petitioner is claiming that although petitioner stood retired on 30/06/2016 and the annual increments were 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 The Director (Admn. and HR) KPTCL and Ors. Vs. C.P. Mundinamani & Ors. reported in 2023 Live Law (SC 296), passed in Civil Appeal No.2471/2023 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

2 WP-14250-2020 present petitioner is also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01/07/2016 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.

4. With the aforesaid, the petition stands allowed.

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


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