Madhya Pradesh High Court
Vidyut Mandal Pensioners Association ... vs Madhya Pradesh Paschim Kshetra Vidyut ... 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. 1976 of 2024
BETWEEN:-
1. VIDYUT MANDAL PENSIONERS ASSOCIATION
URJA PARISAR THROUGH SECRETARY
SUDARSHAN JATALE S/O JUGMANDAR JATALE,
AGED ABOUT 64 YEARS, OCCUPATION: SERIVE
RETIRED R/O GPH COMPOUND POLOGROUND
INDORE (MADHYA PRADESH)
2. RAMESH MAHAJAN S/O NAMDEO MAHAJAN,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 102/4 SARDAR PATEL WARD SHAHPUR
BURHANPUR (MADHYA PRADESH)
3. YAHSWANT BANSI DUBE S/O BANSI DUBEY, AGED
ABOUT 74 YEARS, OCCUPATION: SERVICE
(RETIRED) 73, WARD SHAHPUR MAHARANA
PRATAP BURHANPUR (MADHYA PRADESH)
4. SHAMRAO CHOUDHARY S/O TUKARAM
CHOUDHARY, AGED ABOUT 71 YEARS,
OCCUPATION: SERVICE RETIRED SWAMI
SAMARTH COLONY WARD SHAHPUR
BURHANPUR (MADHYA PRADESH)
5. RAGHUNATH MOPARI S/O BHAGWAN MOPARI,
AGED ABOUT 68 YEARS, OCCUPATION: SERVICE
RETIRED 12 LAL BHADUR SHASTRI WARD
SHAJAPUR BURHANPUR (MADHYA PRADESH)
6. KASHINATH AMODE S/O BHAGWAN AMODE,
AGED ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED 100, SHRI KRISHNA MANDIR WARD
SHAJPUR BURHANPUR (MADHYA PRADESH)
7. SHYAMRAO T FAYKE S/O TUKARAM FAYKE,
AGED ABOUT 71 YEARS, OCCUPATION: SERVICE
RETIRED VIVEKNAND WARD SHAHPUR
BURHANPUR (MADHYA PRADESH)
8. RAMA RATHOUR S/O SONJEE RATHOUR, AGED
Signature Not Verified
Signed by: SUMATHI
Signing time: 15-02-
2024 11:57:36
2
ABOUT 71 YEARS, OCCUPATION: SERVICE
RETIRED CHANDRASHEKHAR AAJAD EARD
SHAHAPUR BURHANPUR (MADHYA PRADESH)
9. BHAGWAT RUPAJI WARKHEDE S/O RUPAJI
WARKHEDE, AGED ABOUT 70 YEARS,
OCCUPATION: SERVICE RETIRED 127
MAHATHMA GANDHI WARD SHAJAPUR
BURHANPUR (MADHYA PRADESH)
10. RAMESH TUKARAM FAYKE S/O TUKARAM
FAYKE, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED 108/1, SWAMI VIVEKNAND
WARD SHAHPUR BURHANPUR (MADHYA
PRADESH)
11. SHRAWAN MALI S/O ZENDU MALI, AGED ABOUT
68 YEARS, OCCUPATION: SERVICE RETIRED 168
GRAM ICHJAPUR BURHANPUR (MADHYA
PRADESH)
12. NAMDEV MAHAJAN S/O SITARAM MAHAJAN,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 204/2 SWAMI VIVEKNAND WARD
SHAHPUR BURHANPUR (MADHYA PRADESH)
13. CHANDRA KUMAR SINGH S/O RAMSINGH, AGED
ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED 60, LAL BHADUR SHASTRI WARD
SHAHPUR BURHANPUR (MADHYA PRADESH)
14. SAMADHAN BIRADE S/O RAGHUNATH BIRADE,
AGED ABOUT 71 YEARS, OCCUPATION: SERVICE
RETIRED NIMBOL TALUKA RAVER JALGAON
MAHARASTHRA (MAHARASHTRA)
15. MADHAVRAO PATIL S/O BABU RAO, AGED ABOUT
73 YEARS, OCCUPATION: SERVICE RETIRED 310,
SHANKARSHREE COMPLEX AMRAVADI ROAD
BURHANPUR (MADHYA PRADESH)
16. LAXMAN CHOUDHARY S/O BAJIRAO
CHOUDHARY, AGED ABOUT 71 YEARS,
OCCUPATION: SERVICE RETIRED 74-B
SARASWATI NAGAR BURHANPUR (MADHYA
PRADESH)
17. RAGHUNATH MAHAJAN S/O RAJARAM
MAHAJAN, AGED ABOUT 64 YEARS,
OCCUPATION: SERVICE RETIRED 46-C GURU
GOVINDSINGH COLONY BURHANPUR (MADHYA
Signature Not Verified
Signed by: SUMATHI
Signing time: 15-02-
2024 11:57:36
3
PRADESH)
18. ATMARAM MAHAJAN S/O SITARAM MAHAJAN,
AGED ABOUT 75 YEARS, OCCUPATION: SERVICE
RETIRED WARD NO. 17 ICCHAPUR BURHANPUR
(MADHYA PRADESH)
19. RAJARAM S/O KALU, AGED ABOUT 77 YEARS,
OCCUPATION: SERVICE RETIRED WARD NO. 7
GRAM BADGAON POST GULAI BURHANPUR
(MADHYA PRADESH)
20. SHANTARAM NIMBALKAR S/O RAOJI, AGED
ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED PHOPNAR KALAN BURHANPUR
(MADHYA PRADESH)
21. HARI RAUT S/O NARAYAN, AGED ABOUT 70
Y E A R S , OCCUPATION: SERVICE RETIRED
PHOPNAR KALAN BURHANPUR (MADHYA
PRADESH)
22. SANTOSH CHOUDHARY S/O SAMPAT, AGED
ABOUT 67 YEARS, OCCUPATION: SERVICE
RETIRED WARD NO. 18 CHAPORA BURHANPUR
(MADHYA PRADESH)
23. BUDHESHWAR PASE S/O JAGANNATH, AGED
ABOUT 71 YEARS, OCCUPATION: SERVICE
RETIRED B-23 SANJAYNAGAR BURHANPUR
(MADHYA PRADESH)
24. LAXMAN RAJORE S/O BAJIRAO, AGED ABOUT 66
YEARS, OCCUPATION: SERVICE RETIRED 226 C.K.
GRAND COLONY BURHANPUR (MADHYA
PRADESH)
25. GOPAL MAHAJAN S/O PUNAMCHAND, AGED
ABOUT 63 YEARS, OCCUPATION: SERVICE
RETIRED LODHIPURA BURHANPUR (MADHYA
PRADESH)
26. DEVIDAS TOKE S/O VASUDEV, AGED ABOUT 65
YE A R S , OCCUPATION: SERVICE RETIRED 97
LAXMINAGAR BURHANPUR (MADHYA PRADESH)
27. HIRALAL SHARMA S/O RATANLAL, AGED ABOUT
74 YEARS, OCCUPATION: SERVICE RETIRED 39
INDIRANAGAR LALBAG BURHANPUR (MADHYA
PRADESH)
28. PRADIP HANMATKHEDEKAR S/O SHANKARRAO,
Signature Not Verified
Signed by: SUMATHI
Signing time: 15-02-
2024 11:57:36
4
AGED ABOUT 63 YEARS, OCCUPATION: SERVICE
RETIRED LB-74 NEW INDIRANAGAR COLONY
BURHANPUR (MADHYA PRADESH)
29. PANDURANG RATHORE S/O VAMANRAO, AGED
ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED LB-8 NEW INDIRANAGAR COLONY
BURHANPUR (MADHYA PRADESH)
30. PREMSHANKAR S/O PARASRAM, AGED ABOUT 66
YE A R S , OCCUPATION: SERVICE RETIRED 7
GOKULDHAM HAKIMI ROAD BURHANPUR
(MADHYA PRADESH)
31. YASHVANT HADKE S/O PREMCHAND, AGED
ABOUT 73 YEARS, OCCUPATION: SERVICE
RETIRED 107-A SARSVATINAGAR BURHANPUR
(MADHYA PRADESH)
32. BHAGWAN MAHAJAN S/O RAGHO, AGED ABOUT
65 YEARS, OCCUPATION: SERVICE RETIRED
SHIVAJI WARD GRAM LONI BURHANPUR
(MADHYA PRADESH)
33. JAGDISHCHANDRA WAGHMARE S/O CHUNNILAL,
AGED ABOUT 74 YEARS, OCCUPATION: SERVICE
RETIRED 35 MALVIYA WARD BURHANPUR
(MADHYA PRADESH)
34. ARUN KULKARNI S/O DATTATREYA, AGED
ABOUT 72 YEARS, OCCUPATION: SERVICE
RETIRED LIG-A-108 INDIRA COLONY
BURHANPUR (MADHYA PRADESH)
35. PANDURANG MODEKAR S/O SAKHARAM, AGED
ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED NAND GAON BODWAD JALGAON
MAHARASTHRA (MAHARASHTRA)
36. PRAVEEN KUMAR NAVLAKHE S/O CHAMPALAL,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED HB-57, NEW INDIRA COLONY PART-B
BURHANPUR (MADHYA PRADESH)
37. RAJENDRA PRASAD MISHRA S/O RAGHUNATH,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED C-19 SURABHI COLONY BURHANPUR
(MADHYA PRADESH)
38. MAKADU PAWAR S/O GOVINDA, AGED ABOUT 71
Y E A R S , OCCUPATION: SERVICE RETIRED
Signature Not Verified
Signed by: SUMATHI
Signing time: 15-02-
2024 11:57:36
5
BOHRADA LONI BURHANPUR (MADHYA
PRADESH)
39. NANAK SINGH S/O BAHADUR SINGH, AGED
ABOUT 67 YEARS, OCCUPATION: SERVICE
RETIRED SHIVAJI NAGAR LALBAG BURHANPUR
(MADHYA PRADESH)
40. PRAHLAD S/O SAKHARAM, AGED ABOUT 70
YEARS, OCCUPATION: SERVICE RETRIED DATTA
MANDIR CHINCHALA LALBAGH BURHANPUR
(MADHYA PRADESH)
41. BALIRAM MAHAJAN S/O ZIPRU, AGED ABOUT 72
YEAR S , OCCUPATION: SERVICE RETIRED 83,
SARASWATI NAGAR BURHANPUR (MADHYA
PRADESH)
42. PUNDALIK CHOUDHARI S/O SITARAM, AGED
ABOUT 71 YEARS, OCCUPATION: SERVICE
RETIRED VILLAGE BILORA BURHANPUR
(MADHYA PRADESH)
43. SATISH JOSHI S/O SHANTARAM, AGED ABOUT 68
YE A R S , OCCUPATION: SERVICE RETIRED 20
SARASWATI NAGAR BURHANPUR (MADHYA
PRADESH)
44. LAXMAN PATIL S/O SITARAM PATIL, AGED
ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED WARD-19 BIRODA BURHANPUR
(MADHYA PRADESH)
45. SHANKAR JADATKAR S/O GANPAT, AGED ABOUT
64 YEARS, OCCUPATION: SERVICE RETIRED E-8
SUNDAR NAGAR BURHANPUR (MADHYA
PRADESH)
.....PETITIONER
(SHRI DHEERAJ SINGH PANWAR, LEARNED COUNSEL FOR THE
PETITIONERS.)
AND
1. MADHYA PRADESH PASCHIM KSHETRA VIDYUT
VITRAN CO. LTD. MANAGING DIRECTOR G.P.H.
COMPOUND POLO GROUND, INDORE (MADHYA
PRADESH)
2. CHIEF ENGINEER (INDORE REGION) M.P.
PASCHIM KSHETRA VIDYUT VITRAN COMPANY
Signature Not Verified
Signed by: SUMATHI
Signing time: 15-02-
2024 11:57:36
6
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- COUNSEL FOR RESPONDENTS).
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 45 is claiming that
although the petitioners no.2 to 45 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 45 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
