Pramod Kumar Tripathi vs The State Of Madhya Pradesh
2024 Latest Caselaw 16564 MP

Madhya Pradesh High Court

Pramod Kumar Tripathi vs The State Of Madhya Pradesh on 6 June, 2024

                                                                 1                              WP-14317-2024
                            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. 14317 of 2024

                           BETWEEN:-
                           PRAMOD KUMAR TRIPATHI S/O VISHNU PRASAD
                           TRIPATHI, AGED ABOUT 65 YEARS, OCCUPATION:
                           RETIRED A.S.I. POLICE SUHAGI, ADHARTAL JABALPUR
                           (MADHYA PRADESH)

                                                                                              .....PETITIONER
                           (BY SHRI ASEEM KUMAR DIXIT - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY MANTRALAYA, VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    SUPERINTENDANT             OF       POLICE JABALPUR
                                 (MADHYA PRADESH)

                           3.    DIVISIONAL         PENSION       OFFICER
                                 DIVISIONAL/DIVISIONAL      PENSION OFFICE
                                 JABALPUR (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                           (BY SHRI PRAMOD PANDEY - GOVERNMENT 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, 2021 though the petitioner has retired on 30th June, 2021 on attaining age of superannuation.

2. It is the grievance of the petitioner that his date of increment was 1st

2 WP-14317-2024 July of the year. They retired from service on attaining the age of superannuation on 30th June. Thus, he 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 he retired on 30th of June, he was not paid the increment which was to be paid to them w.e.f. 1st of July.

3 . Learned counsel for the petitioner relied on the judgment of Hon'ble Ap ex 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 No. 2 and 3 to verify the service record of the petitioner and act in accordance with the aforesaid judgments as well as Finance department circular dated 15.03.2024. If the petitioner is 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) V. JUDGE rk.

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