Madhya Pradesh High Court
Vidyut Manadal Pensioners Association ... vs Managing Director on 13 February, 2024
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 13 th OF FEBRUARY, 2024
WRIT PETITION No. 1834 of 2024
BETWEEN:-
1. VIDYUT MANADAL PENSIONERS ASSOCIATION
URJA PARISAR ASSOCIATION THROUGH
SECRETARY SUDARSHAN JATALE S/O
JUGMANDAR JATALE, AGED ABOUT 64 YEARS,
OCCUPATION: SERVICE (RETIRED) GPH
COMPOUND POLOGROUND,INDORE (MADHYA
PRADESH)
2. KAMALCHAND YADAV S/O SHIVRAM YADAV,
AGED ABOUT 68 YEARS, OCCUPATION: SERVICE
RETIRED 94 SHASTRI NAGAR KHANDWA
(MADHYA PRADESH)
3. SHAIKH ABDUL HAK S/O SHAIKH BABU, AGED
ABOUT 64 YEARS, OCCUPATION: SERVICE
RETIRED POST SIHADA KHANDWA (MADHYA
PRADESH)
4. SHANKARLAL SARATHE S/O RAM KARAN
SARATHE, AGED ABOUT 65 YEARS, OCCUPATION:
SERVICE RETIRED CHIMAN JAWAR KHANDWA
(MADHYA PRADESH)
5. VINOD KUMAR CHOUDHARY S/O MITTULAL
CHOUDHARY, AGED ABOUT 62 YEARS,
OCCUPATION: SERVICE RETIRED 236 RAM
NAGAR KHANDWA (MADHYA PRADESH)
6. DHANLAL GAUR S/O PARMANAND GAUR, AGED
ABOUT 64 YEARS, OCCUPATION: SERVICE
RETIRED 15 SHASTRI NAGAR KHANDWA
(MADHYA PRADESH)
7. VISHNU PRASAD BAWANE S/O TARACHAND
BAWANE, AGED ABOUT 64 YEARS, OCCUPATION:
SERVICE RETIRED LIG 207 DINDYAL PURAM
KHANDWA (MADHYA PRADESH)
8. KAILASH SONI S/O SUPADUJI SONI, AGED ABOUT
Signature Not Verified
Signed by: SUMATHI
Signing time: 15-02-
2024 11:57:36
2
65 YEARS, OCCUPATION: SERVICE RETIRED LIG
66 KISHOR NAGAR KHANDWA (MADHYA
PRADESH)
9. KRISHNA MURTI BHAGAT S/O GAYANEHWAR
BHAGAT, AGED ABOUT 69 YEARS, OCCUPATION:
SERVICE RETIRED I.S. KISHORE NAGAR
KHANDWA (MADHYA PRADESH)
10. RANJANA KARODI S/O MAHENDRA CHANDRA
KARODI, AGED ABOUT 68 YEARS, OCCUPATION:
SERVICE RETIRED H. NO. 46 W.N. 48 LOVEKUSH
NAGAR KHANDWA (MADHYA PRADESH)
11. HENRY HIRVEY S/O MOJILAL HIRVEY, AGED
ABOUT 70 YEARS, OCCUPATION: SERVICE
RETIRED 692/1 MISSION COMPOUND KHANDWA
(MADHYA PRADESH)
12. VIJAY KUMAR BAROLE S/O KAILASH CHAND
BAROLE, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED LIG COLONY RAILWAY LINE
KHANDWA (MADHYA PRADESH)
13. RAM GOPAL VERMA S/O LEELADHAR VERMA,
AGED ABOUT 62 YEARS, OCCUPATION: SERVICE
RETIRED ASHAPUR KHALWA KHANDWA
(MADHYA PRADESH)
14. PRADEEP KUMAR VERMA S/O MANGILAL
VERMA, AGED ABOUT 62 YEARS, OCCUPATION:
SERVICE RETIRED 252/2 ANAND NAGAR
KHANDWA (MADHYA PRADESH)
15. HARI PRASAD TAWAR S/O BABULAL JI TAWAR,
AGED ABOUT 73 YEARS, OCCUPATION: SERVICE
RETIRED VATSLA VIHAR COLONY MB-34 CIVIL
LINE KHANDWA (MADHYA PRADESH)
16. RAMDAS CHAUHAN S/O HARI PRASAD CHAUHAN,
AGED ABOUT 66 YEARS, OCCUPATION: SERVICE
RETIRED 3 BHANDARIYA ROAD AWASTHI
CHORAHA KHANDWA (MADHYA PRADESH)
17. BHARAT DAMU THORAT S/O DAMU THORAT,
AGED ABOUT 67 YEARS, OCCUPATION: SERVICE
RETIRED PADSALI SOLAPUR MAHARASTHRA
(MAHARASHTRA)
18. PREMCHAND YADAV S/O GANGARAM YADAV,
AGED ABOUT 74 YEARS, OCCUPATION: SERVICE
Signature Not Verified
Signed by: SUMATHI
Signing time: 15-02-
2024 11:57:36
3
RETIRED SANTOSHI MATA MANDIR GALI NO. 5
KHANDWA (MADHYA PRADESH)
19. DATTU BABURAO S/O BABURAO, AGED ABOUT 69
YEARS, OCCUPATION: SERVICE RETIRED GARAM
GUDI KHANDWA (MADHYA PRADESH)
20. VIKARAM SINGH YADAV S/O BABULAL YADAV,
AGED ABOUT 63 YEARS, OCCUPATION: SERVICE
RETIRED GARAM GUDI KHANDWA (MADHYA
PRADESH)
21. RAM VILASSH SHARMA S/O LAXMI NARAYAN
SHARMA, AGED ABOUT 64 YEARS, OCCUPATION:
SERVICE RETIRED 41 NAKODA NAGAR
BHANDARIYA ROAD KHANDWA (MADHYA
PRADESH)
.....PETITIONER
(SHRI DHEERAJ SINGH PANWAR - ADVOCATE)
AND
1. MANAGING DIRECTOR M.P. PASCHIM KSHETRA
VIDYUT VITRAN COMPANY LTD. G.P.H.
COMPOUND POLO GROUND, INDORE (MADHYA
PRADESH)
2. CHIEF ENGINEER (INDORE REGION) M.P.
PASCHIM KSHETRA VIDYUT VITRAN COMPANY
LT D . GPH COMPOUND POLOGROUND,INDORE
(MADHYA PRADESH)
3. JOINT SECRETARY III MP PASCHIM KSHETRA
VIDYUT VITRAN COMPANY LTD. GPH
COMPOUND POLOGROUND,INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI PRASANNA PRASAD - ADVOCATE)
)
This petition coming on for admission this day, th e court passed the
following:
ORDER
B y the instant petition, the petitioner Vidyut Mandal Pensioner's
Association, which is representing the petitioners no. 2 to 21 is claiming that
although the petitioners no.2 to 21 stood retired on 30th June of their respective
year and the annual increment was to be added on 1st of July of that year, but
they have not been 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 KPTCL 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
petitioners are also entitled to get the said benefit.
3. Learned counsel for the respondent could not dispute the aforesaid
legal preposition.
4. Considering the aforesaid and taking note of the judgment passed by
the Supreme Court in case of C.P. Mundinamani (supra), this petition is
allowed, by directing the respondents to grant the benefit of annual increment
which was to be added with effect from the first date of July of the year in
which each of the petitioners i.e. petitioners no.2 to 21 stood retired and
recalculate the benefit of retiral dues and pension and issue fresh PPO in their
favour within a period of three months from today.
4. With the aforesaid, the petition stands allowed.
(PRANAY VERMA)
JUDGE
sumathi
