Dr. Shyam Sunder Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 12334 MP

Madhya Pradesh High Court

Dr. Shyam Sunder Gupta 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. 11821 of 2024

                           BETWEEN:-
                           DR. SHYAM SUNDER GUPTA S/O LATE DR. MADAN
                           MOHAN     GUPATA,     AGED  ABOUT   74 YEARS,
                           OCCUPATION: RTD. MEDICAL OFFICER R/O 85,
                           MAHASWETA NAGAR, IN FRONT OF ISCON TEMPLE,
                           UJJAIN DISTT. UJJAIN (MADHYA PRADESH)

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

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

                           2.    REGIONAL DIRECTOR HEALTH UJJAIN DIVISION
                                 MADHAV NAGAR HOSPITAL CAMPUS, UJJAIN
                                 DISTT. UJJAIN (MADHYA PRADESH)

                           3.    CHIEF MEDICAL AND HEALTH OFFICER
                                 DISTRICT UJJAIN (MADHYA PRADESH)

                           4.    CIVIL SURGEON DISTRICT HOSPITAL UJJAIN
                                 (MADHYA PRADESH)

                           5.    DIVISIONAL PENSION OFFICER UJJAIN DIVISION
                                 BHARATPURI UJJAIN (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 30.06.2015 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 01.07.2015 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