Jagdish Prasad Arya vs The State Of Madhya Pradesh
2024 Latest Caselaw 5970 MP

Madhya Pradesh High Court

Jagdish Prasad Arya 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. 4253 of 2024

                           BETWEEN:-
                           JAGDISH PRASAD ARYA S/O SHRI MUNNALAL ARYA,
                           AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
                           EMPLOYEE HOUSE NO. 30 WARD 06 STATION ROAD
                           MALHARGANJ DISTRICT MANDSAUR (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY MR. AKSHAY BHONDE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH JILADHEESH
                                 (COLLECTOR)    COLLECTOR   KAARYALAYA
                                 MANDSAUR (MADHYA PRADESH)

                           2.    MADHYA PRADESH SHASAN DWARA PRAMUKH
                                 SACHIV   RAJASV VALLABH BHAWAN ARERA
                                 HILLS BHOPAL (MADHYA PRADESH)

                           3.    T E H S I L D A R TEHSIL MALHARGARH           DIST
                                 MANDSAUR (MADHYA PRADESH)

                           4.    JILA PENSION ADHIKARI SAMBHAGIYA/JILA
                                 PENSION KARYALAYA MANDSAUR (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. ASHI VAIDYA - PANEL LAWYER FOR THE RESPONDENT/STATE)

                                 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 KPTCL 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 the Supreme Court in case of C.P. Mundinamani (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 order.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE Tej