Jagdish Jarwal vs The State Of Madhya Pradesh Through ...
2024 Latest Caselaw 21458 MP

Madhya Pradesh High Court

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

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1                            WP-21325-2024
                              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. 21325 of 2024
                                                JAGDISH JARWAL
                                                     Versus
                                THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
                                                  SECRETARY
                           Appearance:
                                   Ms. Rachana Zamindar, learned counsel for the Petitioner.
                                   Shri Sudeep Bhargava, learned Dy. A.G. for respondent/State.

                                                               ORDER

Per: Justice Sushrut Arvind Dharmadhikari

By the instant petition, the petitioner is claiming that although petitioner stood retired on 30/06/2021 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-21325-2024 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 01/07/2021 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


                           Vatan