Anand Gaydhani vs The State Of Madhya Pradesh
2024 Latest Caselaw 5968 MP

Madhya Pradesh High Court

Anand Gaydhani vs The State Of Madhya Pradesh on 27 February, 2024

Author: Pranay Verma

Bench: Pranay Verma

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE PRANAY VERMA
                                              ON THE 27 th OF FEBRUARY, 2024
                                              WRIT PETITION No. 4785 of 2024

                           BETWEEN:-
                           ANAND GAYDHANI S/O VISHNU GAYDHANI M, AGED
                           ABOUT 66 YEARS, OCCUPATION: PENSIONER 40/3,
                           DANIGATE GALI NO. 6 CHANDRA SHEKHAR AZAD
                           MARG, (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY MR. NILESH MANORE - ADVOCATE)

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

                           2.    EXECUTIVE        ENGINEER PUBLIC HEALTH
                                 ENGINEERING DEPARTMENT MAINTENANACE
                                 SECTION, UJJAIN MUNICIPAL CORPORATION
                                 DISTRICT UJJAIN (MADHYA PRADESH)

                           3.    DISTRICT PENSION OFFICER DISTRICT PENSION
                                 OFFICE, UJJAIN   DIST. UJJAIN    (MADHYA
                                 PRADESH)

                           4.    DISTRICT    TREASURY            OFFICER DISTRICT
                                 TR EAS URY UJJAIN DIST.         UJJAIN (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. ASHI VAIDYA - PANEL LAWYER)

                                 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 30/06/2020 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 01/07/2020 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 directions, the petition stands allowed. Certified copy as per rules.

(PRANAY VERMA) JUDGE Tej