Badri Lal Dethaliya vs The State Of Madhya Pradesh
2024 Latest Caselaw 3782 MP

Madhya Pradesh High Court

Badri Lal Dethaliya vs The State Of Madhya Pradesh on 8 February, 2024

Author: Pranay Verma

Bench: Pranay Verma

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              IN         THE   HIGH COURT OF MADHYA PRADESH
                                     AT INDORE
                                         BEFORE
                           HON'BLE SHRI JUSTICE PRANAY VERMA
                                ON THE 8 th OF FEBRUARY, 2024
                                WRIT PETITION No. 2495 of 2024

             BETWEEN:-
             BADRI LAL DETHALIYA S/O SHRI RAM CHARAN
             DETHALIYA, AGED ABOUT 72 YEARS, OCCUPATION:
             RETIRED ASSISTAND VETERINARY FIELD OFFICER,
             R/O. TALAIWALE, VILLAGE AND POST KANASIA,
             TEHSIL TARANA, UJJAIN (MADHYA PRADESH)

                                                                    .....PETITIONER
             (BY SHIR SUNIL KUMAR TIWARI - ADVOCATE)

             AND
             1.      THE STATE OF MADHYA PRADESH THROUGH ITS
                     SECRETARY DEPARTMENT OF VETERINARY
                     SERVICES    AND   ANIMAL     HUSBANDRY,
                     MANTRALAYA, VALLABH BHAWAN BHOPAL
                     (MADHYA PRADESH)

             2.      DIRECTOR VETERINARY SERVICES AND ANIMAL
                     HUSBANDRY, BHOPAL (MADHYA PRADESH)

             3.      JOINT DIRECTOR VETERINARY SERVICES AND
                     ANIMAL    HUSBANDRY,    DIVISION UJJAIN
                     DISTRICT UJJAIN (MADHYA PRADESH)

             4.      DEPUTY    DIRECTOR VETERINARY SERVICES,
                     DISTRICT SHAJAPUR (MADHYA PRADESH)

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

             6.      DISTRICT TREASURY OFFICER DEPARTMENT OF
                     TREASURY AND ACCOUNTS DISTRICT SHAJAPUR
                     (MADHYA PRADESH)
Signature Not Verified
Signed by: SHAILESH                                               .....RESPONDENTS
MAHADEV SUKHDEVE
                 (BY SHRI MUKESH PARWAL - GOVT. ADVOCATE)
Signing time: 2/8/2024
6:13:27 PM
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                         T h is petition coming on admission this day, t h e cou rt passed the
              following:
                                                       ORDER

1. By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2012 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 01/07/2012 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 and disposed off.

C.c. as per rules.

(PRANAY VERMA) JUDGE Signature NotSS/-

Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 2/8/2024 6:13:27 PM