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Ram Singh Ghoshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 16532 MP

Citation : 2024 Latest Caselaw 16532 MP
Judgement Date : 6 June, 2024

Madhya Pradesh High Court

Ram Singh Ghoshi vs The State Of Madhya Pradesh on 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/-

 
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