Krishna Kant Carpenter vs The State Of Madhya Pradesh
2024 Latest Caselaw 12203 MP

Madhya Pradesh High Court

Krishna Kant Carpenter 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. 10596 of 2024

                           BETWEEN:-
                           KRISHNA KANT CARPENTER S/O SHRI ATMARAM JI,
                           AGED ABOUT 71 YEARS, OCCUPATION: RETIRED ASST
                           DEVELOPMENT EXTENSION OFFICER E.W.S 507/707, 40
                           QUARTER INDRA NAGAR DISTT. UJJAIN (M.P.) 456664
                           (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY MS. RAVINA BAIRAGEE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY PANCHAYAT AND
                                 GRAMIN   VIKAS   DEPARTMENT     VALLABH
                                 BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

                           2.    CHIEF    EXECUTIVE  OFFICER,      JANPAD
                                 PANCHAYAT KHACHROD DIST. UJJAIN (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MS. 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 30.06.2022 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 01.07.2022 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