Sodan Singh Rajput vs The State Of Madhya Pradesh
2024 Latest Caselaw 3190 MP

Madhya Pradesh High Court

Sodan Singh Rajput vs The State Of Madhya Pradesh on 2 February, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                  BEFORE
                                  HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                          ON THE 2 nd OF FEBRUARY, 2024
                                          WRIT PETITION No. 1623 of 2024

                         BETWEEN:-
                         1.    SODAN SINGH RAJPUT S/O SHRI KALU SINGH
                               RAJPUT, AGED ABOUT 63 YEARS, OCCUPATION:
                               RETIRED     ASSISTANT    TEACHER     312,
                               PASHUPATINATH NAGAR, DISTRICT AGAR
                               MALWA (MADHYA PRADESH)

                         2.    BHAGIRATH SINGH BIJAPARI S/O GHASHIRAM
                               BIJAPARI, AGED ABOUT 63 YEARS, OCCUPATION:
                               RETIRED ASSISTANT TEACHER THAKUR SERI
                               POST KANAD DISTRICT AGAR MALWA (MADHYA
                               PRADESH)

                                                                             .....PETITIONERS
                         (SHRI K K KCHICHI APPEARED FOR PETITIONER.
                         )

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

                         2.    D I R E C T O R DIRECTORATE  OF    PUBLIC
                               INSTRUCTION (DPI) BHOPAL (MADHYA PRADESH)

                         3.    DISTRICT EDUCATION OFFICER DEPARTMENT
                               AGAR DISTRICT AGAR MALWA (MADHYA
                               PRADESH)

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

                                                                            .....RESPONDENTS
                         ( BY SHRI KAPIL MAHANT, COUNSEL APPEARING ON BEHALF OF
                         ADVOCATE GENERAL).
Signature Not Verified
Signed by: MONI RAJU
Signing time: 2/2/2024
5:24:37 PM
                                                                2
                                This petition coming on for admission this day, th e court passed the
                         following:
                                                                ORDER

By the instant petition, the petitioner is claiming that although they stood retired on 30/06/2022 and the annual increment was 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 01/07/2018 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.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE moni