Madhya Pradesh High Court

Badrilal Sharma vs The State Of Madhya Pradesh on 2 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 2 nd OF MAY, 2024
                                           WRIT PETITION No. 11100 of 2024

                           BETWEEN:-
                           1.    BADRILAL SHARMA S/O MANGILAL SHARMA,
                                 AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
                                 ASSISTANT TEACHER 53, DURGA VILLA, VYAS
                                 COLONY, BARNAGAR, DIST. UJJAIN (MADHYA
                                 PRADESH)

                           2.    KRISHNA KUMAR SHRIVASTAVA S/O SHREE
                                 MADANLAL     SHRIVASTAVA   OCCUPATION:
                                 RETIRED ASSISTANT TEACHER 21/221 EWS,
                                 INDRA NAGAR, AGAR ROAD, UJJAIN (MADHYA
                                 PRADESH)

                                                                             .....PETITIONERS
                           (BY MS. PRATIBHA VERMA, ADVOCATE)

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

                           2.    COM M IS S ION ER EDUCATION AND PUBLIC
                                 INSTRUCTIONS        SCHOOL    EDUCATION
                                 D EPARTM EN T VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DISTRICT   EDUCATION    OFFICER DISTRICT
                                 UJJAIN (MADHYA PRADESH)

                           4.    JOINT DIRECTOR OF TREASURY ACCOUNTS AND
                                 PENSION DIVISION UJJAIN (MADHYA PRADESH)

                           5.    DIVISION PENSION OFFICER PENSION OFFICE
                                 UJJAIN (MADHYA PRADESH)

                           6.    GOVERNMENT GIRLS HIGHER SECONDARY
                                 S CHOOL BARNAGAR, DIST. UJJAIN (MADHYA
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 5/3/2024
2:14:34 PM
                                                                  2
                                 PRADESH)

                           7.    SANKUL PRACHARYA HIGHER SECONDARY
                                 S C H O O L PANBIHAR, GHATIYA DIST. UJJAIN
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI AMAY BAJAJ, G.A./P.L.)

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

B y the instant petition, the petitioners are claiming that although the petitioners stood retired on 30/06/2022 and 30/06/2023 respectively and the annual increment was to be added on 1st of July of that year, but the petitioners

were not granted the said benefit.

2. Learned counsel for the petitioners 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 petitioners are 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 01/07/2021 and 01/07/2023 respectively and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this Court.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE krjoshi