Madhya Pradesh High Court

Kanhaiyalal Ji vs The State Of Madhya Pradesh on 1 May, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                    ON THE 1 st OF MAY, 2024
                                              WRIT PETITION No. 11564 of 2024

                           BETWEEN:-
                           KANHAIYALAL JI S/O SHRI DEPCHAND JI CHOUHAN,
                           AGED   ABOUT     73    YEARS, OCCUPATION: RETD.
                           LECTURER   BUS      STAND,   KARDAWAD,   TEHSIL
                           PETLAWAD, DISTT. JHABUA (MADHYA PRADESH)

                                                                                              .....PETITIONER
                           (BY MS. RANJANA GAWADE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY TRIBAL WELFARE
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    ASSISTANT  COMMISSIONER TRIBAL OFFICE
                                 DEPARTMENT ALIRAJPUR (MADHYA PRADESH)

                           3.    BLOCK EDUCATION OFFICER JOBAT (MADHYA
                                 PRADESH)

                           4.    DISTRICT  TREASURY               OFFICER ALIRAJPUR
                                 (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                           (BY SHRI AMAY BAJAJ - P.L.)

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

By the instant petition, the petitioner is claiming that although he stood

retired on 31.12.2012 and the annual increment was to be added on 1s t of January of next 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/1st of January every year shall

be paid to the employee who got retired on 30th of June/31st of December of the said year, therefore the present petitioner is also entitled to get the said benefit.

3. 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 01.01.2013 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.

(SUBODH ABHYANKAR) JUDGE Pankaj