Bhanwar Lal Parmar vs The State Of Madhya Pradesh
2024 Latest Caselaw 4040 MP

Madhya Pradesh High Court

Bhanwar Lal Parmar vs The State Of Madhya Pradesh on 12 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 12 th OF FEBRUARY, 2024
                                              WRIT PETITION No. 2647 of 2024

                           BETWEEN:-
                           BHANWAR LAL PARMAR S/O SHRI UDAJI PARMAR,
                           AGED ABOUT 64 YEARS, OCCUPATION: RETD. GOVT.
                           SERVANT R/O VIKAS NAGAR NEEMUCH (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI VIKAS LOOMBA, ADVOCATE.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY    R/O  SCHOOL   EDUCATION
                                 DEPARTMENT VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE JOINT DIRECTOR KOSH AND LEKHA UJJAIN
                                 (MADHYA PRADESH)

                           3.    THE DISTRICT EDUCATION OFFICER DISTT.
                                 NEEMUCH (MADHYA PRADESH)

                           4.    THE DISTRICT TREASURY OFFICER DISTT.
                                 NEEMUCH (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. ASHI VAIDYA, PANEL LAYWER.)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

01. The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction, directing the respondents to grant him annual increment fell due on 01.07.2021.

The petitioner retired from service on 30.06.2021, after attaining the age of superannuation.

02. It has been stated in the petitioner that the issue involved in the present case has already been settled on 11.04.2023 by the Supreme Court recently in the case of Director (Admn. & HR) KPTCK & Others v/s C.P. Mundinamani & Others [Civil Appeal No.2471 of 2023 @ SLP (C) No.6185 of 2020] reported in 2023 LiveLaw (SC) 296, wherein it has been held that the 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 petitioners are also entitled to get the said

benefit.

03. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani (supra) , the respondents are directed to grant the benefit of annual increment which was to be added with effect from 01.07.2021 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioners within a period of three months from the date of receipt of certified copy of this order.

04. Since there is a delay on the part of the petitioners in approaching this Court, thus they shall not be entitled for entire arrears / interest, however, the same shall be payable to them from the last three years as well as due annual increment only. PPO be accordingly revised.

05. With the aforesaid, Writ Petition stands allowed.

(VIVEK RUSIA)

JUDGE Divyansh