Mangilal Malviya vs The State Of Madhya Pradesh
2024 Latest Caselaw 21432 MP

Madhya Pradesh High Court

Mangilal Malviya vs The State Of Madhya Pradesh on 7 August, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                          1                         WP-22539-2024
                                 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 7th OF AUGUST, 2024
                                               WRIT PETITION No. 22539 of 2024
                                             MANGILAL MALVIYA
                                                   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 The petitioner has approached this court by way of this petition claiming the benefit of annual increment w.e.f. 1st July 2014 along with

arrears and interest. The petitioner retired from service on 30.06.2014 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

2 WP-22539-2024 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.

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. 01.07.2014 but objects to the payment of arrears and interest from 2014 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 01.07.2014 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

3 WP-22539-2024 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



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