Madhya Pradesh High Court

Braj Mohan Sharma vs The State Of Madhya Pradesh on 2 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 2 nd OF MAY, 2024
                                             WRIT PETITION No. 11797 of 2024

                           BETWEEN:-
                           BRAJ MOHAN SHARMA S/O LATE SHRI BADRI PRASAD
                           SHARMA, AGED ABOUT 64 YEARS, OCCUPATION: RTD.
                           ASST. TEACHER GOVT. MIDDLE SCHOOL SCHEME
                           NO.51 SANGAM NAGAR, INDORE R/O 42, AMBIKAPURI
                           MAIN AERODRUM ROAD, INDORE DISTT. INDORE
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY SCHOOL EDUCATION
                                 DEPARTMENT     VALLABH B H AWA N BHOPAL
                                 (MADHYA PRADESH)

                           2.    C O M M I S S I O N E R PUBLIC INSTRUCTIONS
                                 MADHYA PRADESH GAUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DISTRICT   EDUCATION      OFFICER SCHOOL
                                 EDUCATION DEPARTMENT DIST. INDORE NEAR
                                 BADA GANPATI, INDORE (MADHYA PRADESH)

                           4.    DIVISIONAL     PENSION     OFFICER INDORE
                                 DIVISION SATELLITE BHAWAN, COLLECTORATE,
                                 INDORE (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI PRAKHAR TRIVEDI - PANEL LAWYER)

                                 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 KPTCK 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 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 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 Court.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE jyoti