Arun Kumar Kshirsagar vs The State Of Madhya Pradesh
2024 Latest Caselaw 12547 MP

Madhya Pradesh High Court

Arun Kumar Kshirsagar vs The State Of Madhya Pradesh on 3 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 3 rd OF MAY, 2024
                                             WRIT PETITION No. 11800 of 2024

                           BETWEEN:-
                           ARUN KUMAR KSHIRSAGAR S/O SHRI LAXMANJI
                           KSHIRSAGAR, AGED ABOUT 66 YEARS, OCCUPATION:
                           RTD. UP VAN KSHETRAPAL OFFICE OF VAN MANDAL
                           ADHIKARI, GENERAL VAN MANDAL, MANDSOUR, R/O
                           93, MOHAN NAGAR, RATLAM DISTT. RATLAM
                           (MADHYA PRADESH)

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

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

                           2.    PRINCIPAL CHIEF CONSERVATOR OF FOREST
                                 D EPARTM EN T, SATPUDA BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           3.    CHIEF CONSERVATOR    OF FOREST UJJAIN
                                 CIRCLE UJJAIN  DIST.  UJJAIN (MADHYA
                                 PRADESH)

                           4.    DIVISIONAL FOREST OFFICER, FOREST DIVISION
                                 MANDSAUR, MANDSAUR (MADHYA PRADESH)

                           5.    DISTRICT      TREASURY   OFFICER DISTRICT
                                 MANDSAUR,      DIST. MANDSAUR    (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI PRAKHAR TRIVEDI - PANEL LAWYER)

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

Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 03-05-2024
17:39:56
                                                                  2
                           following:
                                                                  ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2017 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 01.07.2017 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