Smt Sadhna Khare vs The State Of Madhya Pradesh
2024 Latest Caselaw 21141 MP

Madhya Pradesh High Court

Smt Sadhna Khare vs The State Of Madhya Pradesh on 5 August, 2024

                                                 1                                   WP-17956-2024
               IN          THE   HIGH COURT OF MADHYA PRADESH
                                       AT JABALPUR
                                            BEFORE
                                 HON'BLE SHRI JUSTICE VIVEK JAIN
                                    ON THE 5 th OF AUGUST, 2024
                                  WRIT PETITION No. 17956 of 2024
                                      SMT SADHNA KHARE
                                            Versus
                           THE STATE OF MADHYA PRADESH AND OTHERS
          Appearance:
               Shri Dev Sharma - Advocate for the Petitioner.
               Shri Lalit Joglekar - Government Advocate for the Respondent/State.

                                                   ORDER

The present petition has been filed seeking the relief of increment payable from 1st July of the year 2023, though the petitioner has retired on 30th June, 2023 on attaining age of superannuation.

2. It is the grievance of the petitioner that her date of increment was 1st July of the year 2023. She retired from service on attaining the age of superannuation on 30th of June 2023. Thus, she had completed the requisite length of service to become entitled to earn the next annual increment up to

30th June of the year 2023. However, since she retired on 30th of June 2023, she was not paid the increment which was to be paid to her w.e.f.1st of July 2023.

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 HRKPTCL and Ors. vs. C.P. Mundinamani & Ors) and also the circular

issued by Finance Department dated 15.03.2024 whereby the State

2 WP-17956-2024 Government has 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 PowerTransmission 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, 2023 and to be entitled for next increment, then the necessary dues be worked out and paid to her within a period of two

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

(VIVEK JAIN) JUDGE

veni