Dr. Vandana Agnihotri vs The State Of Madhya Pradesh
2024 Latest Caselaw 6684 MP

Madhya Pradesh High Court

Dr. Vandana Agnihotri vs The State Of Madhya Pradesh on 5 March, 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 5 th OF MARCH, 2024
                                               WRIT PETITION No. 4901 of 2024

                           BETWEEN:-
                           DR. VANDANA AGNIHOTRI W/O DR. SHANKAR PRASAD
                           AGNIHOTRI, AGED ABOUT 66 YEARS, OCCUPATION:
                           RETIRED GOVERNMENT PROFESSOR 193, SUKHDEV
                           NAGAR, AIRPORT ROAD, INDORE (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI NAMIT GOSWAMI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VTH FLOOR VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    PRINCIPAL SECRETARY FINANCE DEPARTMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    COMMISSIONER DEPARTMENT OF HIGHER
                                 ED UCATION 5TH FLOOR VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           4.    DISTRICT PENSION OFFICER INDORE (MADHYA
                                 PRADESH)

                                                                                         .....RESPONDENTS
                           ( BY MS. ASHI VAIDYA - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

1. By the instant petition, the petitioner is claiming that although he

stood retired on 30.06.2023 and the annual increment was to be added on 1st of July of that year, but he was not 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 petitioner is also entitled to get the said benefit.

3. Per contra, learned counsel for the respondents submits that the petitioner has approached this Court belatedly inasmuch as, accordingly to the petitioner's own showing he was superannuated way back on 30.06.2023.

4. Having considered the submissions advanced on behalf of the parties, firstly the benefits to the petitioner cannot be declined inasmuch as, the extension of benefit of increments is recurring cause of action having direct nexus with the pecuniary benefits for which, the petitioner is entitled. [Please See: M.R. Gupta vs. Union of India (1995 5 SCC 628)]

5. 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, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2023 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of three months from the date of submitting copy of this order.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE ns