Madhya Pradesh High Court
Dalchand Sharma vs The State Of Madhya Pradesh on 2 February, 2024
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 2 nd OF FEBRUARY, 2024
WRIT PETITION No. 31456 of 2023
BETWEEN:-
DALCHAND SHARMA S/O LATE SHRI BABULAL
SHARMA, AGED-68 YEARS, OCCUPATION: RETIRED
GOVT SERVANT R/O PATEL NAGAR CITY CENTER
DISTRICT GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI D.S. RAGHUWANSHI- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. DIRECTOR, DEPARTMENT OF FARMER WELFARE
AND AGRICULTURE DEVELOPMENT,
VINDHYACHAL BHAWAN, BHOPAL (MADHYA
PRADESH)
3. DIVISIONAL PENSION OFFICER, DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SOHIT MISHRA- GOVERNMENT ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
1. The instant petition has been preferred by petitioner, under Article 226
of the Constitution of India, being aggrieved by the inaction of the respondents
for not extending the benefit of increment. Petitioner, who retired on
30.06.2015, was denied increment on the pretext that he is not entitled.
2 . Learned counsel for petitioner submits that whether a government
employee retiring on 30th June of a year is entitled to avail the benefit of
increment as fixed on 1st of July is being decided by the Supreme Court
recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs.
C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023,
wherein after considering the judgments of different High Courts including the
Madhya Pradesh High Court it has been held that benefit of annual increment
which is to be added on 1st of July every year shall be paid to the employee
who is going to be retired on 30th June of the said year. It is further submitted
that controversy is now no longer res integra. The present petitioner stood
retired on 30th June, 2015, therefore, he is entitled to avail the benefit of annual
increment which was to be added on 01.07.2015. The said aspect has also been
dealt with by the Full Bench of this Court also in the case of Ratanlal Rathore
Vs. The State of Madhya Pradesh and others (Writ Petition No.4118 of
2020) decided on 28.07.2023.
3. Learned counsel for respondent/State could not dispute the passing of
said order. However, he submits that it appears that SLP arising out of
judgment of Division Bench of this Court is still pending consideration before
the Supreme Court.
4. Heard the counsel for the parties and perused the documents
appended thereto.
5. After going through the judgment delivered by the Apex Court in the
case of C.P. Mundinamani (supra ), in para 6.3 and 6.7 it appears that the
view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors.
vs. State of Madhya Pradesh has been considered in favour of employee
who is retiring on 30th June of that year. Once the Apex Court as well as Full
Bench of this Court in the case of Ratanlal Rathore (supra) has decided the
controversy and found the employee entitled for the benefit of approval of
entitlement to receive increment while rendering the services over a year with
good behaviour and efficiency then it appears that petitioner has made out his
case.
6 . Resultantly, the order dated 12.02.2021 (Annexure P/1) passed by
respondent no.1, is hereby quashed and respondents are directed to grant the
benefit of annual increment which was to be added w.e.f. 01.07.2015 and
recalculate the benefit of retiral dues and pension etc. and issue fresh pension
payment order in favour of the petitioner, if not already issued, that too within a
period of three months from the date of submission of certified copy of this
order.
7. Petition stands allowed and disposed of in above terms.
(MILIND RAMESH PHADKE)
JUDGE
Chandni
