Bheru Singh Bamniya vs The State Of Madhya Pradesh
2024 Latest Caselaw 4683 MP

Madhya Pradesh High Court

Bheru Singh Bamniya vs The State Of Madhya Pradesh on 17 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 17 th OF FEBRUARY, 2024
                                             WRIT PETITION No. 3412 of 2024

                           BETWEEN:-
                           BHERU SINGH BAMNIYA S/O SHRI BALA BAMNIYA,
                           AGED ABOUT 63 YEARS, OCCUPATION: RETIRED R/O
                           VILLAGE DEHRI TEHSIL KUKSHI DISTT.DHAR
                           (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI SHAILENDRA SHRIVASTAVA, ADVOCATE)

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

                           2.    ASSISTANT COMMISSIONER TRIBAL WELFARE
                                 DEPARTMENT DHAR (MADHYA PRADESH)

                           3.    BLOCK EDUCATION OFFICER KUKSHI DIST DHAR
                                 (MADHYA PRADESH)

                           4.    DISTRICT PENSION OFFICER DISTRICT PENSION
                                 OFFICE DIST DHAR (MADHYA PRADESH)

                           5.    DISTRICT TREASURY OFFICER DHAR DISTRICT
                                 TREASURY AND ACCOUNTS DEPARTMENT DHAR
                                 (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI SUDHANSHU VYAS, PANEL LAWYER)

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

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 respondent to grant him annual increment fell due on 01.07.2023. The petitioner retired from service on 30.06.2023, after attaining the age of superannuation.

02. Learned counsel for the petitioner submits 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 petitioner is 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 01.07.2023 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioner within a period of three months from the date of receipt of certified copy of this order. The petitioner shall also be entitled for entire arrears / interest. PPO be accordingly revised.

04. With the aforesaid, Writ Petition stands allowed

(VIVEK RUSIA) JUDGE Ravi