Bherulal vs The State Of Madhya Pradesh Through ...
2024 Latest Caselaw 21412 MP

Madhya Pradesh High Court

Bherulal vs The State Of Madhya Pradesh Through ... on 7 August, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                  1                                WP-22492-2024
                              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 7 th OF AUGUST, 2024
                                                   WRIT PETITION No. 22492 of 2024
                                                    BHERULAL
                                                      Versus
                                 THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
                                              SECRETARY AND OTHERS
                           Appearance:
                                   Shri Chandra Prakash Purohit, learned counsel for the Petitioner .
                                   Shri Bhuwan Gautam, Govt. Advocate for the respondent/State.

                                                                   ORDER

Per: Justice Sushrut Arvind Dharmadhikari

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

benefit of annual increment w.e.f. 1 st July 2017 along with arrears and interest. The petitioner retired from service on 30.06.2017 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-22492-2024

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. 01.07.2017 but objects to the payment of arrears and interest from 2017 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 01.07.2017 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.

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


                           sh