Madhya Pradesh High Court

Virendra Usharathe vs The State Of Madhya Pradesh on 3 May, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                               1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                       AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                ON THE 3 rd OF MAY, 2024
                                           WRIT PETITION No. 9988 of 2024

                    BETWEEN:-
                    VIRENDRA USHARATHE S/O SHRI V.L. USHARATHE, AGED
                    ABOUT 64 YEARS, OCCUPATION: RETIRED GOVERNMENT
                    SERVANT R/O INDIRA NAGAR, PANIHAI WARD NO. 08,
                    KAIMORE, TEHSIL AND DISTRICT KATNI (MADHYA PRADESH)

                                                                                           .....PETITIONER
                    (BY SHRI RAKESH SINGH - ADVOCATE)

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

                    2.    THE COMMISSIONER/DIRECTOR, TRIBAL                WELFARE
                          D EPARTM EN T, ARERA HILLS BHOPAL                (MADHYA
                          PRADESH)

                    3.    DISTRICT COORDINATOR (SCHEDULE CASTE SCHEDULE
                          TRIBE) TRIBAL WORK DEPARTMENT, KATNI DISTRICT
                          KATNI (MADHYA PRADESH)

                    4.    THE COLLECTOR (SC ST WORK DEPARTMENT) KATNI
                          DISTRICT KATNI (MADHYA PRADESH)

                    5.    DISTRICT PENSION OFFICER PENSION OFFICE, KATNI
                          DISTRICT KATNI (MADHYA PRADESH)

                    6.    DISTRICT TREASURY AND PENSION OFFICER DISTRICT
                          TREASURY OFFICE DISTRICT KATNI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                    (BY SMT. SHRADDHA TIWARI - PANEL LAWYER)

                          This petition coming on for admission this day, the court passed the following:
Signature Not Verified
Signed by: RAGHVENDRA
SHARAN SHUKLA
Signing time: 5/4/2024
11:34:39 AM
                                                                  2
                                                             ORDER

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

30.06.2022 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

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.

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 01.07.2022 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of sixty days from the date of submitting copy of this order.

With the aforesaid, the petition stands allowed.

(SANJAY DWIVEDI) JUDGE RAGHVENDRA