Chandar Singh Chandana vs The State Of Madhya Pradesh
2024 Latest Caselaw 4387 MP

Madhya Pradesh High Court

Chandar Singh Chandana vs The State Of Madhya Pradesh on 15 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 15 th OF FEBRUARY, 2024
                                               WRIT PETITION No. 3656 of 2024

                           BETWEEN:-
                           CHANDAR SINGH CHANDANA S/O SHRI BAPU SINGH
                           CHANDANA, AGED ABOUT 62 YEARS, OCCUPATION:
                           RETD.ASST.TEACHER    GOVT.  MIDDLE    SCHOOL
                           RAMPURA GURJAR TEHSIL SHAJAPUR DISTT.
                           SHAJAPUR R/O VILLAGE KAREDI MATAJI TEHSIL
                           MAKDON DISTT. UJJAIN (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT, ADVOCATE)

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

                           2.    C O M M I S S I O N E R PUBLIC INSTRUCTIONS
                                 GOUTAM NAGAR BHOPAL (MADHYA PRADESH)

                           3.    DISTRICT    EDUCATION    OFFICER SCHOOL
                                 EDUCATION       DEPARTMENT A.B.    ROAD,
                                 SHAJAPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI AMAY BAJAJ, P.L./G.A.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2023 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 01/07/2023 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