Ashwani Kumar Khullar vs The State Of Madhya Pradesh
2024 Latest Caselaw 3171 MP

Madhya Pradesh High Court

Ashwani Kumar Khullar vs The State Of Madhya Pradesh on 2 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                         1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                           ON THE 2 nd OF FEBRUARY, 2024
                                           WRIT PETITION No. 1642 of 2024

                           BETWEEN:-
                           1.    ASHWANI KUMAR KHULLAR S/O SHRI KRISHNA
                                 KUMAR KHULLAR, AGED ABOUT 64 YEARS,
                                 OCCUPATION: RETIRED ASSTT. TEACHER 43,
                                 KARMCHARI COLONY, KALAPIPAL MANDI,
                                 DISTRICT SHAJAPUR (MADHYA PRADESH)

                           2.    MOHAN LAL BAGHELA S/O SHANKAR LAL, AGED
                                 ABOUT    65  YEARS, OCCUPATION: RETIRED
                                 ASSISTANT TEACHER RAILWAY STATION ROAD
                                 MAKSI DISTIRCT SHAJAPUR (MADHYA PRADESH)

                           3.    RAMESH CHANDRA PARMAR S/O BHERULAL
                                 PARMAR, AGED ABOUT 65 YEARS, OCCUPATION:
                                 RETIRED ASSISTANT TEACHER ASHARAM
                                 COLONY AB ROAD NEAR RAILWAY CROSSING
                                 MAKSHI DIST SHAJAPUR (MADHYA PRADESH)

                           4.    KAILASH CHANDRA SUTREDIYA S/O MOHAN
                                 SINGH SUTREDIYA, AGED ABOUT 65 YEARS,
                                 OCCUPATION: RETIRED ASSISTANT TEACHER
                                 H.NO. SECTOR-A 222 GIRIRAJ RATAN COLONY
                                 KANIPURA TARANA ROAD UJJAIN ASHARAM
                                 COLONY AB ROAD DIST SHAJAPUR (MADHYA
                                 PRADESH)

                                                                             .....PETITIONERS
                           (MS. TRAPTI SONI, ADVOCATE)


                           AND
                           1.    THE STATE OF MADHYA PRADESH SECRETARY
                                 MINISTRY    OF    SCHOOL    EDUCAITON
                                 DEPARTMENT VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    D I R E C T O R DIRECTORATE  OF    PUBLIC
                                 INSTRUCTION (DPI) BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-02-2024
16:57:09
                                                                  2
                           3.     DISTRICT  EDUCATION                OFFICER SHAJAPUR
                                  (MADHYA PRADESH)

                           4.     DISTRICT TREASURY OFFICER TREASURY AND
                                  ACCOUNTS DEPARTMENT SHAJAPUR (MADHYA
                                  PRADESH)

                                                                                           .....RESPONDENTS
                           (SHRI BHUWAN DESHMUKH, GOVERNMENT ADVOCATE)


                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                  ORDER

By the instant petition, the petitioners are claiming that although petitioner No.1 stood retired on 30/06/2021 and petitioners No.2 to 4 stood retired on

30/06/2020 and the annual increments were to be added on 1st of July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners submits that the issue involved in the present case has already been settled by the Supreme Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCK and Ors. Vs. C.P. Mundinamani & Ors.) 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 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 & 01/07/2020 respectively and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of

submitting copy of this Court order. The petitioners 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.

(S. A. DHARMADHIKARI) JUDGE Aiyer