Madhya Pradesh High Court

Ram Kalyan Bendwal vs The State Of Madhya Pradesh on 3 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 3 rd OF MAY, 2024
                                           WRIT PETITION No. 11097 of 2024

                         BETWEEN:-
                         RAM KALYAN BENDWAL S/O KAWARLAL BENDWAL,
                         AGED 75 YEARS, OCCUPATION: RETIRED ASSISTANT
                         TREASURY OFFICER R/O HOUSE NO.583 CHAMBAL
                         SAGAR COLONY, NAGDA, DIST. UJJAIN (MADHYA
                         PRADESH)

                                                                                    .....PETITIONER
                         (BY MS. PRATIBHA VERMA - ADVOCATE)

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

                         2.    COMMISSIONER OT TREASURY AND ACCOUNTS
                               BHOPAL (MADHYA PRADESH)

                         3.    JOINT DIRECTOR OF TREASURY ACCOUNTS AND
                               PEN S ION DIVISION UJJAIN DISTRICT UJJAIN
                               (MADHYA PRADESH)

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

                         5.    DISTRICT PENSION OFFICER RATLAM (MADHYA
                               PRADESH)

                                                                                 .....RESPONDENTS
                         (BY SHRI AMAY BAJAJ - 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 30.06.2009 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 KPTCL 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 the Supreme Court in case of C.P. Mundinamani (supra), this petition is allowed, directing the respondents to grant the benefit of annual increment, which was to be added with effect from 01.07.2009 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 order.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE Shruti