Ms. Mithilesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 5585 MP

Madhya Pradesh High Court

Ms. Mithilesh vs The State Of Madhya Pradesh on 23 February, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                           ON THE 23 rd OF FEBRUARY, 2024
                                           WRIT PETITION No. 3968 of 2024

                          BETWEEN:-
                          MS. MITHILESH D/O PREMCHANDRA SHARMA, AGED
                          ABOUT   68   YEARS, OCCUPATION: RETD. GOVT.
                          EMPOYEE R/O LIG 67 M.P. RAJYA KARMCHARI AVAS
                          NEAR GANDHINAGAR NEW MANDI ROAD MANDSAUR
                          (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI HARDIK MAHESHWARI, ADVOCATE)

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

                          2.    STATE OF MADHYA PRADESH THROUGH
                                COMMISSIONER M.P. GOVERNMENT PUBLIC
                                EDUCATION   DIRECTORATE NEAR CHETAK
                                BRIDGE GAUTAM NAGAR, BHOPAL (MADHYA
                                PRADESH)

                          3.    STATE OF MADHYA PRADESH THROUGH
                                DISTRICT EDUCATION   OFFICER EDUCATION
                                DEPARTMENT SUSHASHAN BHAVAN MANDSAUR
                                (MADHYA PRADESH)

                          4.    STATE OF MADHYA PRADESH THROUGH
                                DISTRICT TREASURY   OFFICER SUSHASHAN
                                BHAVAN MANDSAUR (MADHYA PRADESH)

                          5.    STATE OF MADHYA PRADESH THROGUH
                                DISTRICT  PENSION   OFFICER SUSHASHAN
                                BHAVAN MANDSAUR (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                          (BY MS. HARSHLATA SONI, P.L./G.A.)

Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 2/23/2024
6:33:06 PM
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                                 This petition coming on for admission this day, th e court passed the
                          following:
                                                                 ORDER

1. This petition under Article 226 of the Constitution of India has been filed seeking the following relief (s) :-

"a. To issue a writ in the nature of mandamus by directing the respondents to pay the annual increment fell due on 01.07.2017 to the petitioner.

b . To direct the respondents to revise the pension and other monetary benefits taking into account, the above mentioned one increment in the pay scale of the petitioners and grant the arrears and other benefits, after such increment is added to the pay scale of the petitioners; and c. To direct the respondent to grant the interest at the rate of 8% P.A. on the due amount from the date of the entitlement to the actual payment of such amount; and d. To grant any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner."

2. It is submitted by the counsel for the petitioner that the petitioner stood retired on 30.06.2017, whereas the next increment was payable from 01.07.2017 which has not been paid. It is submitted by the counsel for the petitioner that the judgment dated 15.09.2017 passed by the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal & Others passed in W.P.No. 15732/2017 was upheld by the Supreme Court in SLP (Civil) Diary No.(s) 22283/2018. Review Petition No.1731/2019 was also dismissed by order dated 02.08.2019. Further, the Division Bench (Principal Seat) of this Court in the case of State of MP & Others vs. Rajendra Prasad Tiwari (Writ Appeal No.363/2020) by judgment dated 06.03.2020, has dismissed the writ appeal filed by the State and has held that the employee retiring on 30th June of a particular year is also entitled for the

increment which was payable from 1st of July of the said year. Further, it is submitted that the petitioner has retired on 30.06.2017, but the increment which was payable from 01.07.2017, has not been paid and accordingly, he is entitled for the arrears as well as for re-fixation of his pension.

3. Per contra, the petition is opposed by the counsel for the respondent/State on the ground that in view of the facts and grounds as stated by the petitioner in the petition, he is not entitled for any relief.

4. Heard the learned counsel for the parties. In the available facts and circumstances of the case, it is directed that the pension of the petitioner be re- fixed after adding increment which was payable from 01.07.2017. Since the petitioner is found to be entitled for increment which was payable from 01.07.2017, therefore, the arrears shall carry interest @ 6% per annum till the final payment is made.

5. With aforesaid observations, this petition is finally disposed of.

(SUBODH ABHYANKAR) JUDGE Bahar