Kailash Chandra Paliwal vs School Education Department
2024 Latest Caselaw 4684 MP

Madhya Pradesh High Court

Kailash Chandra Paliwal vs School Education Department 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. 4753 of 2020

                          BETWEEN:-
                          KAILASH CHANDRA PALIWAL S/O SHAMBHU DAYAL
                          PALIWAL, AGED: 64 YEARS, OCCUPATION: RETIRED,
                          R/O: VILLAGE KADWASA, TEHSIL SINGOLI, DISTRICT
                          NEEMUCH (MADHYA PRADESH)

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

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

                          2.    THE DISTRICT EDUCATION OFFICER, OFFICE OF
                                DISTRICT EDUCATION OFFICER, DISTRICT
                                NEEMUCH (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI KRATIK MANDLOI - ADVOCATE APPEARING ON BEHALF OF
                          ADVOCATE GENERAL.)

                                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 30.06.2017 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 on 11 th April, 2023 by the Supreme

Court recently in Civil Appeal No.2471 of 2023 (@ SLP (C) No.6185 of 2020) [The Director (Admn. and HR) KPTCK and Ors. v. C.P. Mundinamani & Ors.] reported in 2023 LiveLaw (SC) 296, 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 01.07.2017 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 submitting copy of this Court's order.

4. Since there is delay in approaching the Court, thus petitioner shall not be entitled for entire arrears / interest, however, the same shall be payable to him from the last three years as well as due annual increment only. PPO be accordingly revised.

5. With the aforesaid direction, the petition stands allowed.

(VIVEK RUSIA) JUDGE rcp