Madhya Pradesh High Court

Surjeet Singh Bhatia vs The State Of Madhya Pradesh on 6 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 6 th OF MAY, 2024
WRIT PETITION No. 11991 of 2024

BETWEEN:-
SURJEET SINGH BHATIA S/O TRILOK SINGH BHATIA,
AGED ABOUT 70 YEARS, OCCUPATION: PENSIONER 21,
VIVEKANAND NAGAR, BARWAHA, DISTT.KHARGONE
(MADHYA PRADESH)

.....PETITIONER
(BY SHRI NILESH MANORE - ADVOCATE)

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

2. THE PRINCIPAL, GOVT. HIGHER SECONDARY
SCHOOL PIPLIYA BUJURG, TEH. MAHESHWAR
DIST. KHARGONE (MADHYA PRADESH)

3. DISTRICT PENSION OFICER DISTRICT PENSION
OFFICE DIST. KHARGONE (MADHYA PRADESH)

4. DISTRICT TREASURY OFFICER DISTRICT
TREASURY OFFICE DIST. KHARGONE (MADHYA
PRADESH)

5. BLOCK EDUCTION OFFICER MAHESHWAR TEH.
MAHESHWAR DIST. KHARGONE (MADHYA
PRADESH)

.....RESPONDENTS
(BY MS. BHARTI LAKKAD - G.A./P.L.)

This petition coming on for admission this day, th e court passed the
following:
Signature Not Verified
ORDER

Signed by: PANKAJ PANDEY Signing time: 06-05-2024 17:08:53

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

retired on 30.06.2016 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 01.07.2016 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 Pankaj