Madhya Pradesh High Court
Sidhdnath Chouhan vs Managing Director on 29 February, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 29 th OF FEBRUARY, 2024
WRIT PETITION No. 30521 of 2023
BETWEEN:-
1. SIDHDNATH CHOUHAN S/O NATHU SINGH, AGED
ABOUT 63 YEARS, OCCUPATION: SERVICE
RETIRED R/O GRAM BIJPADI POST BAGHERA
TEHSIL TARANA DISTT. UJJAIN (MADHYA
PRADESH)
2. ASHOK KUMAR TIWARI S/O RAMRATAN TIWARI,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 423, SETHI NAGAR, UJJAIN (MADHYA
PRADESH)
3. KRISHAN KUMAR CHAUHAN S/O BABULALJI
CHAUHAN, AGED ABOUT 69 YEARS, OCCUPATION:
SERVICE RETIRED 2995-E SUDAMA NAGAR
INDORE (MADHYA PRADESH)
4. KAMALAKANT VYAS S/O BADRIPRASAD VYAS,
AGED ABOUT 73 YEARS, OCCUPATION: SERVICE
RETIRED 51, AHILYA NAGAR EXTN. ANNAPURNA
INDORE (MADHYA PRADESH)
5. PRAKASH CHANDRA LONKAR S/O KRISHNA
LONKAR, AGED ABOUT 73 YEARS, OCCUPATION:
SERVICE RETIRED 21, VIP PARSPAR NAGAR SCH.
NO. 97 SLICE -4 INDORE (MADHYA PRADESH)
6. MADAN DAS VAISHNAV S/O PURAN DAS
VAISHNAV, AGED ABOUT 69 YEARS,
OCCUPATION: SERVICE RETIRED 2978/E/SUDAMA
NAGAR INDORE (MADHYA PRADESH)
7. JAI PRAKASH YADAV S/O RAMESHWAR YADAV,
AGED ABOUT 63 YEARS, OCCUPATION: SERVICE
RETIRED 9, MADAL VILLAGE COLONY LALBAG
LAIN INDORE (MADHYA PRADESH)
8. HUKMCHAND JAIN S/O SHIVJIRAM JAIN, AGED
ABOUT 68 YEARS, OCCUPATION: SERVICE
RETIRED WARD-1 KUDANA ROAD SANWER DIST.
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 04-03-2024
10:35:28
2
INDORE (MADHYA PRADESH)
9. VIRENDRA VYAS S/O RADHESHYAM VYAS, AGED
ABOUT 62 YEARS, OCCUPATION: SERVICE
RETIRED E 2914 SUDAMA NAGAR E SECT.
INDORE (MADHYA PRADESH)
10. MAHESH KUMAR GARG S/O SHRI KRISHAN
GUPTA, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED 1511,D, SUDAMA NAGAR
INDORE (MADHYA PRADESH)
11. RAJESH BAKSHEE S/O PRABHAKAR BAKSHEE,
AGED ABOUT 62 YEARS, OCCUPATION: SERVICE
RETIRED 25, DHANWANTARI NAGAR INDORE
(MADHYA PRADESH)
12. HAJARI LAL WAT S/O HARDEVJI WAT, AGED
ABOUT 72 YEARS, OCCUPATION: SERVICE
RETIRED D/416 B VIVEKANAND COLONY UJJAIN
(MADHYA PRADESH)
13. SHIVNARAYAN KAUSHAL S/O MEKULAL
KAUSHAL, AGED ABOUT 69 YEARS, OCCUPATION:
SERVICE RETIRED 74, DUDHIYA NEW INDORE
(MADHYA PRADESH)
14. RAMESHWAR SUNERI S/O RAMRATAN SUNERI,
AGED ABOUT 70 YEARS, OCCUPATION: SERVICE
RETIRED 90, NAYA CHUNA BHATTI DUDHIYA
INDORE (MADHYA PRADESH)
15. ONKARSINGH BAIS S/O SHRI LAL SINGH BAIS,
AGED ABOUT 62 YEARS, OCCUPATION: SERVICE
RETIRED 21, LAXMANPURI COLONY INDORE
(MADHYA PRADESH)
16. SMT. MUKAL MALIK W/O DHANWANT MALIK,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 301 IMP PARK APPORTMENT CHARCH
ROAD LUKHNOW (UTTAR PRADESH)
17. DINESH KUMAR TIWARI S/O LAXMINARAYAN
TIWARI, AGED ABOUT 65 YEARS, OCCUPATION:
SERVICE RETIRED 8, LAXMINAGAR COLONY,
UJJAIN (MADHYA PRADESH)
18. JAGDISH CHAND S/O MANGILAL OZA, AGED
ABOUT 72 YEARS, OCCUPATION: SERVICE
RETIRED 107 HARMOTI PLAZA AGAEWAL NAGAR
INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 04-03-2024
10:35:28
3
19. DILIP SINGH S/O DHANSINGH KHARADI
OCCUPATION: SERVICE RETIRED 15/33
CHETANYA MARG CHARCH COLONY JHABUA
(MADHYA PRADESH)
20. BABULAL PARMAR S/O BADRILAL PARMAR,
AGED ABOUT 67 YEARS, OCCUPATION: SERVICE
RETIRED 5/1 NEW GOVIND COLONY INDORE
(MADHYA PRADESH)
21. UMASHANKAR MEHTA S/O VARADMURTI
MEHTA, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED 14 RANGAR SERI MIRA BAI
PATH WARD-2 BARNAGAR DIST. UJJAIN
(MADHYA PRADESH)
22. YUNUS KHAN S/O AHAMAD KHAN, AGED ABOUT
65 YEARS, OCCUPATION: SERVICE RETIRED
428/11 CHANDAN NAGAR SECT. J NURANI MASJID
INDORE (MADHYA PRADESH)
23. ABHAY KUMAR SHREEWAS S/O LAXMINARAYAN
SHREEWAS, AGED ABOUT 65 YEARS,
OCCUPATION: SERVICE RETIRED 427/A D.D.U.
NAGAR SUKHLIYA INDORE (MADHYA PRADESH)
24. RAJENDRA SINGH THAKUR S/O SHREE JAWAHAR
SINGH, AGED ABOUT 65 YEARS, OCCUPATION:
SERVICE RETIRED B-19/3 VASANT VIHAR
NANAKHEDA UJJAIN (MADHYA PRADESH)
25. RAVINDRA PRASAD SINHA S/O KAPIL PRASAD
SINHA, AGED ABOUT 62 YEARS, OCCUPATION:
SERVICE RETIRED 16 DVS SLICE-2 SCHEME NO.
78 VIJAY NAGAR INDORE (MADHYA PRADESH)
26. SUNIL VIBHANDE S/O VISHWANATH VIBHANDE,
AGED ABOUT 64 YEARS, OCCUPATION: SERVICE
RETIRED 50/2 BHAWANI COLONY INDORE
(MADHYA PRADESH)
27. HIRALAL KUSHWAHA S/O HARPRASAD
KUSHWAHA, AGED ABOUT 64 YEARS,
OCCUPATION: SERVICE RETIRED 200,
BARFANIDHAM COLONY MR-9 ROAD INDORE
(MADHYA PRADESH)
28. SHREE KRASHAN SHARMA S/O KANHYALAL
SHARMA, AGED ABOUT 70 YEARS, OCCUPATION:
SERVICE RETIRED 170, HUKUMCHAND COLONY
INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 04-03-2024
10:35:28
4
29. VINOD KUMAR JAIN S/O RAMESHCHANDRAJI
JAIN, AGED ABOUT 64 YEARS, OCCUPATION:
SERVICE RETIRED 94, SUBHASH NAGAR SANWER
ROAD INDORE (MADHYA PRADESH)
30. SUKHAVEER SALUJA S/O KARTAR SINGH SALUJA,
AGED ABOUT 70 YEARS, OCCUPATION: SERVICE
RETIRED 165, KASAGREEN TALAWALI CHANDA
INDORE (MADHYA PRADESH)
31. JITENDRA KUMAR SHARMA S/O MUNNILAL
SHARMA, AGED ABOUT 66 YEARS, OCCUPATION:
SERVICE RETIRED A 2/21 MAHANANDA NAGAR
UJJAIN (MADHYA PRADESH)
32. VINOD BOBADE S/O KASHINATH BOBADE, AGED
ABOUT 64 YEARS, OCCUPATION: SERVICE
RETIRED 18, CLERK COLONY PARDESHIPURA
INDORE (MADHYA PRADESH)
33. GULAM RABBANI S/O GULAM JEELANI, AGED
ABOUT 74 YEARS, OCCUPATION: SERVICE
RETIRED 72, INDRAN NAGAR COLONY BNP ROAD
DEWAS (MADHYA PRADESH)
34. GHANSHYAM PARMAR S/O CHHOGALAL
PARMAR, AGED ABOUT 68 YEARS, OCCUPATION:
SERVICE RETIRED 974, F SCHEME NO. 51 INDORE
(MADHYA PRADESH)
35. SHIVSHANKAR SHRIWAS S/O SHIVBALAK
SHRIWAS, AGED ABOUT 62 YEARS, OCCUPATION:
SERVICE RETIRED 358, PATANIPURA (GEETA
CHAUK) INDORE (MADHYA PRADESH)
36. ASHOK MATHUR S/O CHIRONJILAL MATHUR,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED I-9 URAVASHI NAGAR BADWAHA
(MADHYA PRADESH)
37. VIJAY BAHADUR PAL S/O BHAIYADIN, AGED
ABOUT 66 YEARS, OCCUPATION: SERVICE
RETIRED B 17/2 TARA NAGAR INDORE ROAD
BADWAHA (MADHYA PRADESH)
38. GAJENDRA SINGH CHAUHAN S/O SUKHDEV
SINGH CHAUHAN, AGED ABOUT 68 YEARS,
OCCUPATION: SERVICE RETIRED 335/17 NANDA
NAGAR INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 04-03-2024
10:35:28
5
39. YASHPAL SINGH CHAUHAN S/O SHRI RAMPAL
SINGH, AGED ABOUT 72 YEARS, OCCUPATION:
SERVICE RETIRED 72 B ALKAPURI UJJAIN
(MADHYA PRADESH)
40. LALCHAND S/O BALARAMJI, AGED ABOUT 70
YEAR S , OCCUPATION: SERVICE RETIRED 205,
LAXMI NAGAR COLONY MAXI ROAD UJJAIN
(MADHYA PRADESH)
41. MOOL CHAND SHERE S/O HADHAW LAL SHERE,
AGED ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED 41, NARAYAN PURA SANWER ROAD
UJJAIN (MADHYA PRADESH)
.....PETITIONER
(BY SHRI DHEERAJ SINGH PANWAR, ADVOCATE)
AND
1. MANAGING DIRECTOR MADHYA PRADESH
PASCHIM KSHETRA VIDYUT VITRAN CO. LTD.
G.P.H. COMPOUND POLO GROUND INDORE
(MADHYA PRADESH)
2. CHIEF ENGINEER (INDORE REGION) M.P.
PASCHIM KSHETRA VIDYUT VITRAN COMPANY
LTD. G.P.H. COMPOUND POLO GROUND, INDORE
(MADHYA PRADESH)
3. CHIEF ENGINEER (UJJAIN REGION) M.P.
PASCHIM KSHETRA VIDYUT VITRAN COMPANY
LTD. JYOTI NAGAR, UJJAIN (MADHYA PRADESH)
4. JOINT SECRETARY III M.P. PASCHIM KSHETRA
VIDYUT VITRAN COMPANY LTD. G.P.H.
COMPOUND POLO GROUND, INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY MS. MONISHA KASTURI, ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioners have filed the present petition under Article 226 of the
Constitution of India claiming benefit of increment fell due on 1st July of the
year of retirement in view of the judgment delivered by the Apex Court in the
case of Director (Admn. & HR) KPTCK & Others v/s C.P. Mundinamani
& Others [Civil Appeal No.2471 of 2023 @ SLP (C) No.6185 of 2020]
reported in 2023 LiveLaw (SC) 296.
02. According to the petitioners, M.P. Pay Revision Rules, 2009 made
effective from 1st January, 2006, in which Rule 9 mandates grant of annual
increment from 1st July, 2006, therefore, the petitioner, who retired on 30th June,
became entitled to get this increment which was denied to them as it was liable
to be paid from 1st July, 2006.
03. Learned counsel for the petitioners submits that the Apex Court in the
case of C.P. Mundinamani (supra) has held that increment is payable after
serving necessary period of service which they have completed on 30.06.2006
and retired from service, therefore, they are entitled for increment payable on 1st
July of concerned year. Hence, the respondents be directed to grant the last
increment which fell due on 1st July of the year of retirement.
04. As many as 41 petitioners have filed this petition out of which some
petitioners had retired in the year 2006, 2007, 2009 & 2010 and they are
approaching this Court in the year 2023 claiming this benefit because other
retired employees approached this Court and got an order for grant of
increment.
05. Although the respondents are not opposing for grant of said benefit
to them, but if the benefit is given from the due date, their pension will be
revised and they will be entitled for arrears of difference of pension from the
date of retirement.
06. Those employees, who retired recently are justified in claiming the
said benefits and arrears from the date of retirement but those who retired long
back i.e. prior to 2007, 2008, 2009 & 2010, payment of arrears would cause
heavy financial burden on the employer as they will have to revise the entire
pension. At the time of retirement, the petitioners never claimed such benefit,
therefore, the benefit of arrears can be restricted for last three years in order to
avoid the financial burden suddenly fell on them because each and every retired
employee is approaching this Court to claim this benefit of last increment
irrespective of their period of retirement.
07. In view of the above, the respondents are directed to grant the benefit
of increment to the petitioners fell due on them on 1st July of year of retirement,
but the arrears shall be restricted to last three years only.
08. With the aforesaid, Writ Petition stands allowed.
(VIVEK RUSIA)
JUDGE
Ravi
