Madhya Pradesh High Court

Fakir Chand Bamniya 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. 11308 of 2024

                           BETWEEN:-
                           FAKIR CHAND BAMNIYA S/O KALURAM, AGED ABOUT
                           70  YEARS, OCCUPATION: RETIRED GOVERNMENT
                           EMPLOYEE 15, SIDHI VINAYAK COLONY, MANDSAUR
                           (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI HARDIK MAHESHWARI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY FINANCE DEPARTMENT
                                 MINISTRY VALLABH BHAWAN, BHOPAL M.P.
                                 (MADHYA PRADESH)

                           2.    STATE OF MADHYA PRADESH THROUGH SHRI
                                 HONORABLE         DIRECTOR  TREASURY AND
                                 A C C O U N T S PARVAYAS BUILDING, BHOPAL
                                 (MADHYA PRADESH)

                           3.    STATE OF MADHYA PRADESH THROUGH
                                 COLLECTOR SUSHASAN BHAWAN, NEEMUCH
                                 (MADHYA PRADESH)

                           4.    STATE OF MADHYA PRADESH THROUGH JOINT
                                 DIRECTOR OF TREASURY AND ACCOUNTS
                                 UJJAIN (MADHYA PRADESH)

                           5.    STATE OF MADHYA PRADESH THROUGH
                                 DISTRICT   TREASURY    OFFICER SUSHASAN
                                 BHAWAN   NEEMUCH    DISTRICT   NEEMUCH
                                 (MADHYA PRADESH)

                           6.    STATE OF MADHYA PRADESH THROUGH
                                 DISTRICT PENSION OFFICER DISTRICT PENSION
                                 O F F I C E SUSHASAN  BHAWAN    NEEMUCH
                                 DISTRICT NEEMUCH (MADHYA PRADESH)
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 01-05-2024
17:48:13
                                                                  2
                                                                                           .....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 30.06.2014 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. 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 01.07.2014 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