Madhya Pradesh High Court

Mohd Husain vs The State Of Madhya Pradesh on 1 May, 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 1 st OF MAY, 2024
                                               WRIT PETITION No. 10592 of 2024

                           BETWEEN:-
                           MOHD HUSAIN S/O GANI MOHD, AGED ABOUT 74
                           YEARS, OCCUPATION: RETIRED VANPAL R/O: GARIB
                           NAWAZ KRISHI FORM RAMPURA ROAD KUKDESHWAR
                           TEHSIL MANASA DIST. NEEMUCH (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI KHEN CHAND RAIKWAR - ADVOCATE)

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

                           2.    CONSERVATOR OF FOREST UJJAIN CIRCLE
                                 U J J A I N SETHI NAGAR, UJJAIN (MADHYA
                                 PRADESH)

                           3.    SAMANYA VAN MANDAL OFFICER SAMANYA
                                 VAN MANDAL NEEMUCH (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI PRAKHAR TRIVEDI - 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 30.06.2009, but the annual increment which fell due on 1st July of the last year of his service was not given to him.

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) KPTCK and Ors. V/s. C.P. Mundinamani & Ors.) by holding 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. Learned Govt. Advocate submits that the petitioner is not entitled for interest as they approached this Court after so many much delay.

4. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed,

directing the respondents to grant the benefit of annual increment which was to be added with effect from 1st July of the said year when the petitioner stood retired and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioner within a period of three months from the date of submitting copy of this Court.

5. With the aforesaid observation and direction, this petition stands allowed and disposed off.

(PRANAY VERMA) JUDGE Shilpa