Madhya Pradesh High Court
Suresh Kumar Rajoria vs The State Of Madhya Pradesh on 22 February, 2024
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 22 nd OF FEBRUARY, 2024
WRIT PETITION No. 3966 of 2024
BETWEEN:-
SURESH KUMAR RAJORIA S/O LATE SHRI JEEVAN LAL
RAJORIA, AGED 63 YEARS, R/O B-30 GOVINDPURI,
GWALIOR (M.P. ) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI M.L. SWARNKAR- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY PUBLIC WORKS
DEPARTMENT MANTRALAYA, VALLABH
BHAWAN, BHOPAL (M.P.) (MADHYA PRADESH)
2. THE CHIEF ENGINEER PUBLIC WORKS
D E PA R T M E N T NORTH ZONE, THATIPUR,
GWALIOR (MADHYA PRADESH)
3. THE EXECUTIVE ENGINEER PUBLIC WORKS
DEPARTMENT DIVISION GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK KHEDKAR- ADDITIONAL ADVOCATE GENERAL FOR
RESPONDENT/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
1. The instant petition has been preferred by petitioner, under Article 226
of the Constitution of India, being aggrieved by the inaction of the respondents
for not extending the benefit of increment. Petitioner retired on 30.06.2022 was
denied increment on the pretext that she is not entitled.
2. Learned counsel for petitioner submits that whether a government
employee retiring on 30th June of a year is entitled to avail the benefit of
increment as fixed on 1st of July is being decided by the Supreme Court
recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs.
C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023,
wherein after considering the judgments of different High Courts including the
Madhya Pradesh High Court it has been held that benefit of annual increment
which is to be added on 1st of July every year shall be paid to the employee
who is going to be retired on 30th June of the said year. It is further submitted
that controversy is now no longer res integra. The present petitioner retired on
30.06.2022, therefore, she is entitled to avail the benefit of annual increment
which was to be added on 01.07.2022. The said aspect has also been dealt with
by the Full Bench of this Court also in the case of Ratanlal Rathore Vs. The
State of Madhya Pradesh and others (Writ Petition No.4118 of 2020)
decided on 28.07.2023.
3. Learned counsel for respondent/State could not dispute the passing of
said order. However, he submits that it appears that SLP arising out of
judgment of Division Bench of this Court is still pending consideration before
the Supreme Court.
4. Heard the counsel for the parties and perused the documents
appended thereto.
5. After going through the judgment delivered by the Apex Court in the
case of C.P. Mundinamani (supra ), in para 6.3 and 6.7 it appears that the
view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors.
vs. State of Madhya Pradesh has been considered in favour of employee
who is retiring on 30th June of that year. Once the Apex Court as well as Full
Bench of this Court in the case of Ratanlal Rathore (supra) has decided the
controversy and found the employee entitled for the benefit of approval of
entitlement to receive increment while rendering the services over a year with
good behaviour and efficiency then it appears that petitioner has made out his
case.
6 . Since, petitioner retired in the year 2022, therefore, as per the
judgement of Apex Court in the case of Rushibhai Jagdishbhai Pathak Vs.
Bhavnagar Municipal Corporation, AIR Online 2022 SC 735, it is clarified
that petitioner shall be entitled to arrears only for three years prior to the date of
filing of the Writ Petition.
7. Resultantly, respondents are directed to grant the benefit of annual
increment, recalculate the benefit of retiral dues, pension and arrears etc. as per
the judgement of Apex Court in the case of Rushibhai (supra) and issue fresh
pension payment orders in favour of the petitioner, if not already issued, that
too within a period of three months from the date of submission of certified
copy of this order.
8. Petition stands allowed and disposed of in above terms.
(ANAND PATHAK)
JUDGE
Ashish*
ASHISH
CHAURASIA
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GWALIOR,
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serialNumber=A926F3CBF979ECA6A4C477577EEDBA3AB4F9459
3A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA
Date: 2024.02.23 13:22:27 -08'00'
