Bhagwan Lal Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 12138 MP

Madhya Pradesh High Court

Bhagwan Lal Yadav vs The State Of Madhya Pradesh on 1 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                         1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                                ON THE 1 st OF MAY, 2024
                                            WRIT PETITION No. 11296 of 2024

                           BETWEEN:-
                           BHAGWAN LAL YADAV S/O LATE SHRI JANKI LAL
                           YADAV, AGED ABOUT 63 YEARS, OCCUPATION:
                           PENSIONER (RETIRED VARISHTH LINE ATENDENT
                           OFFICE PRAVANDHAK (O AND M) UPSAMBHAG PURV
                           KSHETRA SHIVPURI SHAHAR MPMKVV CO LTD.
                           SHIVPURI DISTRICT SHIVPURI ) R/O THAKURPURA
                           KATTHAMIL KE PAAS , WARD NO 1, SHIVPURI
                           DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                 .....PETITIONER
                           (BY SHRI NEERAJ SHRIVASTAVA- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL  SECRETARY  URJA   VIBHAG,
                                 MANTRALAY VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    MUKHYA    MAHAPRABANDHAK      GWALIOR
                                 CHETRA M.P.M.K.V.V. CO. LTD. MOTIJHEEL
                                 GWALIOR (MADHYA PRADESH)

                           3.    UP MAHAPRABANDHAK (S.T.M.) M.P.M.K.V.V.CO.
                                 LTD . SHIVPURI VAN GANGA CAMPUS CHATRI
                                 ROAD SHIVPURI (MADHYA PRADESH)

                           4.    MANAGER (O AND M) PURV ZONE M.P.M.K.V.V.
                                 CO. LTD. SHIVPURI (MADHYA PRADESH)

                           5.    LEKHA ADHIKARI (A.U.) M.P.M.K.V.V. CO. LTD.
                                 GUNA (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                           (BY SHRI G.S. CHAUHAN- GOVERNMENT ADVOCATE FOR
                           RESPONDENT/STATE)
                           (SHRI SAMEER KUMAR SHRIVASTAVA- ADVOCATE FOR
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 01-05-2024
05:31:21 PM
                                                                2
                           RESPONDENTS/MPMKVVCL.)

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

1. The instant petition has been preferred by petitioner, under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondents for not extending the benefit of increment. Petitioner, who retired on 30.06.2023, was denied increment on the pretext that he is not entitled.

2 . Learned counsel for petitioner submits that whether a government employee retiring on 30th June of a year is entitled to avail the benefit of increment as fixed on 1st of July is being decided by the Supreme Court

recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023, wherein after considering the judgments of different High Courts including the Madhya Pradesh High Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee who is going to be retired on 30th June of the said year. It is further submitted that controversy is now no longer res integra. The present petitioner stood retired on 30th June, 2023, therefore, he is entitled to avail the benefit of annual increment which was to be added on 01.07.2023. The said aspect has also been dealt with by the Full Bench of this Court also in the case of Ratanlal Rathore Vs. The State of Madhya Pradesh and others (Writ Petition No.4118 of 2020) decided on 28.07.2023.

3. Learned counsel for respondent/State could not dispute the passing of said order. However, he submits that it appears that SLP arising out of judgment of Division Bench of this Court is still pending consideration before

the Supreme Court.

4. Learned counsel for respondent/ MPMKVVCL, Shri Sameer Kumar Shrivastava also could not dispute the facts as narrated in the petition.

5. Heard the counsel for the parties and perused the documents appended thereto.

6. After going through the judgment delivered by the Apex Court in the case of C.P. Mundinamani (supra ), in para 6.3 and 6.7 it appears that the view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors. vs. State of Madhya Pradesh has been considered in favour of employee who is retiring on 30th June of that year. Once the Apex Court as well as Full Bench of this Court in the case of Ratanlal Rathore (supra) has decided the controversy and found the employee entitled for the benefit of approval of entitlement to receive increment while rendering the services over a year with good behaviour and efficiency then it appears that petitioner has made out his case.

7 . Resultantly, respondents are directed to grant the benefit of annual increment which was to be added w.e.f. 01.07.2023 and recalculate the benefit of retiral dues and pension etc. and issue fresh pension payment order in favour of the petitioner, if not already issued, that too within a period of three months from the date of submission of certified copy of this order.

8. Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Vishal