Babulal Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 4435 MP

Madhya Pradesh High Court

Babulal Tiwari vs The State Of Madhya Pradesh on 15 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 15 th OF FEBRUARY, 2024
                                        WRIT PETITION No. 3107 of 2024

               BETWEEN:-
               1.         BABULAL TIWARI S/O GAURISHANKAR TIWARI,
                          AGED ABOUT 67 YEARS, OCCUPATION: SERVICE
                          (RETIRED) R/O 52 MAHAVEER NAGAR DEWAS
                          (MADHYA PRADESH)

               2.         RAM SINGH BAGHEL S/O POONAMCHAND, AGED
                          ABOUT     67   YEARS, OCCUPATION: SERVICE
                          (RETIRED), ADD:- 23, MAKUND BAGH, TEH.
                          BAGLI, DIST. DEWAS (MADHYA PRADESH)

                                                                                    .....PETITIONERS
               (BY SHRI DHEERAJ SINGH PANWAR - ADVOCATE)

               AND
               1.         THE STATE OF MADHYA PRADESH THROUGH
                          PRINCIPAL     SECRETARY      (REVENUE)
                          MANTRALAYA BHOPAL (MADHYA PRADESH)

               2.         COLLECTOR, BHU ABHILEKH, DIST. RATLAM
                          (MADHYA PRADESH)

               3.         DISTRICT PENSION OFFICER DISTRICT RATLAM
                          (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
               (BY SHRI MUKESH PARWAL - GOVT. ADVOCATE)


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

Signed by: SHAILESH 1. By the instant petition, the petitioner is claiming that although he stood

10:35:32 AM retired on 30.06.2016 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 HRKPTCK 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 01.07.2016 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.

(PRANAY VERMA) JUDGE SS/-