Madhya Pradesh High Court

Salim Beg 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. 11540 of 2024

                           BETWEEN:-
                           SALIM BEG S/O CHHOTU BEG, AGED ABOUT 66 YEARS,
                           OCCUPATION: RETIRED ASST. SUB INSPECTOR UJJAIN
                           LIG-II, DHANCHA BHAWAN, VISHAVA BANK COLONY
                           AGAR ROAD, DISTT. UJJAIN (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI ANIL KUMAR TIWARI, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH SECRETARY
                                 MINISTRY    OF    HOME    DEPARTMENT
                                 MANTRALAYA VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    DIRECTOR GENERAL OF POLICE DEPARTMENT
                                 OF   POLICE JAIL ROAD, BHOPAL (MADHYA
                                 PRADESH)

                           3.    SUPERINTENDENT OF POLICE DISTRICT UJJAIN
                                 (MADHYA PRADESH)

                           4.    DIVISIONAL PENSION OFFICER DIVISION UJJAIN
                                 (MADHYA PRADESH)

                           5.    DISTRICT TREASURY OFFICER TREASURY AND
                                 ACCOUNTS    DEPARTMENT UJJAIN (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI KAPIL MAHANT, P.L.)

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

B y the instant petition, the petitioner is claiming that although the petitioner stood retired on 30/06/2020 and the annual increment was to be added on 1st of July of that year, but the petitioner 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 01/07/2020 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.

(SUBODH ABHYANKAR) JUDGE krjoshi