Mohammad Ayub Khan vs Madhya Pradesh Power Management ...
2024 Latest Caselaw 6248 MP

Madhya Pradesh High Court

Mohammad Ayub Khan vs Madhya Pradesh Power Management ... on 29 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 29 th OF FEBRUARY, 2024
                                           WRIT PETITION No. 5158 of 2024

                           BETWEEN:-
                           MOHAMMAD AYUB KHAN S/O SHRI HABEEB AHMED
                           KHAN, AGED ABOUT 65 YEARS, OCCUPATION:
                           RETIRED. R/O 83, SAMTA NAGAR ANAND COLONY,
                           RATLAM (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI MOHAMMED IMRAN KHAN - ADVOCATE)

                           AND
                           1.    MADHYA PRADESH POWER MANAGEMENT
                                 COMPANY LIMITED THROUGH ITS CHIRMAN
                                 AND MANAGING DIRECTOR SHAKTI BHAVAN
                                 VIDYUT    NAGAR MPSEB COLONY RAMPUR
                                 JABALPUR (MADHYA PRADESH)

                           2.    MANAGING DIRECTOR (WEST ZONE) MADHYA
                                 PRADESH PASHCHIM KSHETRA VIDYUT VITRAN
                                 GPH PARISHAR POLOGROUND INDORE (MADHYA
                                 PRADESH)

                           3.    CHIEF ENGINEER (INDORE REGION) MADHYA
                                 PRADESH PASHCHIM KSHETRA VIDYUT VITRAN
                                 GPH PARISAR POLOGROUND INDORE (MADHYA
                                 PRADESH)

                           4.    JOINT SECRETARY III MADHYA PRADESH
                                 PASHCHIM KSHETRA VIDYUT VITRAN GPH
                                 PARISHAR POLOGROUND INDORE (MADHYA
                                 PRADESH)

                           5.    CHIEF ENGINEER (UJJAIN REGION) MADHYA
                                 PRADESH PASHCHIM KSHETRA VIDYUT VITRAN
                                 LTD. JYOTI NAGAR UJJAIN (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                           (MS. MONISHA KASTURI- ADVOCATE )
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 01-03-2024
14:20:21
                                                                  2
                                   This petition coming on for admission this day, th e court passed the
                           following:
                                                                  ORDER

B y the instant petition, the petitioner is claiming that although he stood retired on 30.06.2021 and the annual increment was to be added on 1st of July of that year, but he has not been 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 petitioners are also entitled to get the said benefit.

3. Learned counsel for the respondent could not dispute the aforesaid legal preposition.

4. 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, by directing the respondents to grant the benefit of annual increment which was to be added with effect from the first date of July of the year in which each of the petitioner stood retired and recalculate the benefit of retiral dues and pension and issue fresh PPO in his favour within a period of three months from today.

5. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE jyoti