Abdul Sattar Ajmeri vs The State Of Madhya Pradesh
2024 Latest Caselaw 5673 MP

Madhya Pradesh High Court

Abdul Sattar Ajmeri vs The State Of Madhya Pradesh on 23 February, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                            1
                           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. 3482 of 2024

                          BETWEEN:-
                          ABDUL SATTAR AJMERI S/O SHRI NATTHE KHAN,
                          AGED ABOUT 73 YEARS, OCCUPATION: RETIRED
                          HOUSE NO. 66,WARD NO. 4, BHESODA ROAD, TEHSIL
                          NALLHEDA, DIST. AGAR MALWA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI RANJEET SEN, ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY DEPARTMENT OF PUBLIC HEALTH
                                AND FAMILY WELFARE VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    CHIEF MEDICAL AND HEALTH                  OFFICER
                                SHAJAPUR (MADHYA PRADESH)

                          3.    DISTRICT   TREASURY             OFFICER SHAJAPUR
                                (MADHYA PRADESH)

                          4.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                                PENSION DIVISIONAL OFFICE UJJAIN (MADHYA
                                PRADESH)

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

                                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 30.06.2010 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 HR KPTCK 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 01.07.2010 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.

(SUBODH ABHYANKAR) JUDGE Bahar