Citation : 2024 Latest Caselaw 16532 MP
Judgement Date : 6 June, 2024
1 WP-16074-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 6 th OF JUNE, 2024
WRIT PETITION No. 16074 of 2024
BETWEEN:-
1. RAM SINGH GHOSHI S/O SHRI KHILAN SINGH
GHOSHI, AGED ABOUT 64 YEARS, OCCUPATION:
RETIRED RURAL AGRICULTURE EXTENSION
OFFICER SHYAMA PRASAD MUKHARJI WARD
KHURAI DISTRICT SAGAR (MADHYA PRADESH)
2. TARA CHAND JAIN S/O SHRI DAYA RAM JAIN,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
RURAL AGRICULTURE EXTENSION OFFICER R/O
INDIRA GANDHI WARD NO.4 REHLIKHAS TEHSIL
REHLI DISTRICT (MADHYA PRADESH)
3. KESHAV PRASAD SHARMA S/O SHRI
RAMESHWAR PRASAD SHARMA, AGED ABOUT 63
Y E A R S , OCCUPATION: RETIRED RURAL
AGRICULTURE EXTENSION OFFICER R/O INDRA
PRASTH COLONY KHURAI DISTRICT (MADHYA
PRADESH)
4. R A M E S H K U M A R PATERIYA S/O SHRI
JAGMOHAN, AGED ABOUT 65 YEARS,
OCCUPATION: RETIRED RURAL AGRICULTURE
EXTENSION OFFICER R/O KILA WARD
GARHAKOTA DISTRICT (MADHYA PRADESH)
5. S HYAM SINGH S/O SHRI SURAT SINGH, AGED
ABOUT 64 YEARS, OCCUPATION: RETIRED RURAL
AGRICULTURE EXTENSION OFFICER R/O 740
RAJA BILHARA BUS STAND DISTRICT (MADHYA
PRADESH)
6. RAMESH KUMAR PATEL S/O SHRI TAKHAT
SINGH, AGED ABOUT 64 YEARS, OCCUPATION:
RETIRED RURAL AGRICULTURE EXTENSION
OFFICER R/O PRABHAKAR NAGAR GAMBHIRIA
SAGAR DISTRICIT (MADHYA PRADESH)
7. INDRA KUMAR CHOUBEY S/O SHRI KESHAV
K U M A R CHOUBEY, AGED ABOUT 64 YEARS,
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 07-06-2024
14:39:10
2 WP-16074-2024
OCCUPATION: RETIRED AGRICULTURE
DEVELOPMENT OFFICER R/O INFRONT OF PIC
GROUND GOPAL GANJ SAGAR CITY DISTRICT
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AMIT KUMAR CHATURVEDI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY DEPARTMENT OF
FARMER WELFARE AND AGRICULTURE
DEVELOPMENT VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE PRINCIPAL SECRETARY, FINANCE
D EPARTM EN T, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
3. THE DIRECTOR D IR ECTOR ATE OF FARMER
WELFARE AND AGRICULTURE DEVELOPMENT
2 N D FLOOR C WING VINDHYACHAL BHAWAN
BHOPAL 462004 (MADHYA PRADESH)
4. THE COLLECTOR SAGAR DISTRICT SAGAR
(MADHYA PRADESH)
5. THE DEPUTY DIRECTOR AGRICULTURE
DEPARTMENT OF FARMER WELFARE AND
AGRICULTURE DEVELOPMENT DEPARTMENT
SAGAR DISTRICT (MADHYA PRADESH)
6. T H E DIVISIONAL PENSION OFFICER SAGAR,
DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI LALIT JOGLEKAR - GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition has been filed seeking the relief of increment payable
from 1st July of the year, though the petitioners have retired on 30 th June on attaining age of superannuation.
3 WP-16074-2024
2. It is the grievance of the petitioner that their date of increment was 1st July of the year. They retired from service on attaining the age of superannuation on 30th June. Thus, they had completed the requisite length of
service to become entitled to earn the next annual increment up to 30th June of the year. However, since they retired on 30th of June, they were not paid the
increment which was to be paid to them w.e.f. 1st of July.
3. Learned counsel for the petitioners relied on the judgment of Hon'ble Apex Court in Civil Appeal No. 2471/2023 (the Director Admn. and HR KPTCL and Ors. vs. C.P. Mundinamani & Ors) and also the circular issued by Finance Department dated 15.03.2024 whereby the State Government has taken decision to grant such benefit in terms of the decision passed by the Apex Court in identical matters. Learned counsel further relies on the judgment of Hon'ble Supreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh Power Transmission Company Ltd. and another Vs. S.R. Ramchandran and Ors) dated 11.07.2023.
4. Considering the grievance, this petition is disposed of directing the respondents to verify the service record of the petitioners and act in accordance with the aforesaid judgments as well as Finance department circular dated 15.03.2024. If the petitioners are found to have completed the length of service
on 30th June and to be entitled for next increment, then the necessary dues be
worked out and paid to them within a period of two months from the date of production of certified copy of this order.
5. Petition is disposed of.
(VIVEK JAIN)
4 WP-16074-2024 V. JUDGE sp/-
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!