Shashiprabha Upadhyay vs The State Of Madhya Pradesh
2024 Latest Caselaw 12375 MP

Madhya Pradesh High Court

Shashiprabha Upadhyay vs The State Of Madhya Pradesh on 2 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                          1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 2 nd OF MAY, 2024
                                           WRIT PETITION No. 11708 of 2024

                         BETWEEN:-
                         SHASHIPRABHA      UPADHYAY   W/O   OMPRAKASH
                         UPADHYAY, AGE: 63 YEARS, OCCUPATION: PENSIONER,
                         R/O: C-2/166, VYASH NAGAR, UJJAIN (MADHYA
                         PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI AVI JAIN - ADVOCATE.)

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

                         2.    DIRECTORATE OF PENSION, PROVIDENT FUND
                               AND INSURANCE, BHOPAL, DISTRICT BHOPAL
                               (MADHYA PRADESH)

                         3.    DISTRICT COLLECTOR, UJJAIN, DISTRICT UJJAIN
                               (MADHYA PRADESH)

                         4.    DISTRICT PENSION OFFICER, DISTRICT PENSION
                               OFFICE, UJJAIN, DISTRICT UJJAIN (MADHYA
                               PRADESH)

                         5.    DISTRICT    TREASURY     OFFICER, DISTRICT
                               TREASURY, UJJAIN, DISTRICT UJJAIN (MADHYA
                               PRADESH)

                                                                                 .....RESPONDENTS
                         (BY SHRI KUSHAL GOYAL - DEPUTY ADVOCATE GENERAL APPEARING
                         ON BEHALF OF ADVOCATE GENERAL.)

                               This petition coming on for admission this day, th e court passed the
                         following:
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 5/2/2024
5:58:16 PM
                                                               2
                                                               ORDER

By the instant petition, the petitioner is claiming that although he / she

stood retired on 30.06.2023 and the annual increment was to be added on 1st of July of that year, but he / she 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 on 11 th April, 2023 by the Supreme Court recently in Civil Appeal No.2471 of 2023 (@ SLP (C) No.6185 of 2020) [The Director (Admn. and HR) KPTCK and Ors. v. C.P. Mundinamani & Ors.] reported in 2023 LiveLaw (SC) 296, 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 01.07.2023 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioner within a period of three months from the date of submitting copy of this Court's order.

4. With the aforesaid direction, the petition stands allowed.

(VIVEK RUSIA) JUDGE rcp