Kailash Chandra Dethaliya vs The State Of Madhya Pradesh
2024 Latest Caselaw 3306 MP

Madhya Pradesh High Court

Kailash Chandra Dethaliya vs The State Of Madhya Pradesh on 5 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 5 th OF FEBRUARY, 2024
                                             WRIT PETITION No. 2493 of 2024

                           BETWEEN:-
                           KAILASH CHANDRA DETHALIYA S/O SHRI LAXMI
                           NARAYAN DETHALIYA, AGED ABOUT 67 YEARS,
                           OCCUPATION: RETID. TEACHER R/O VILLAGE AND
                           POST KANASIA TEHSIL TARANA UJJAIN (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY MS. TRAPTI SONI - ADVOCATE)

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

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

                           3.    DISTRICT   EDUCATION    OFFICER DISTRICT
                                 UJJAIN (MADHYA PRADESH)

                           4.    BLOCK EDUCATION OFFICER TARANA, DISTRICT
                                 UJJAIN (MADHYA PRADESH)

                           5.    DIVISIONAL PENSION OFFICER DIVISION UJJAIN
                                 DISTRICT UJJAIN (MADHYA PRADESH)

                           6.    DISTRICT TREASURY OFFICER DEPARTMENT OF
                                 TREASURY AND ACCOUNTS DISTRICT UJJAIN
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY MS. GEETANJALI CHAURASIA - G.A./P.L.)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 05-02-2024
18:25:04
                                                                  2
                           following:
                                                                  ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2017 and the annual increment was 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 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 01/07/2017 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.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE Bahar