Madhya Pradesh High Court

Jagannath Khandegar vs Principal Secretary 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. 11238 of 2024

                           BETWEEN:-
                           JAGANNATH     KHANDEGAR    S/O   GANPATLAL
                           KHANDEGAR, AGED ABOUT 77 YEARS, OCCUPATION:
                           RETIRED 242, BAJRANG NAGAR, INDORE (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SHREYA SONGARE, ADVOCATE)

                           AND
                           1.    PRINCIPAL SECRETARY DEPARTMENT OF
                                 COMMERCIAL TAX DEPARTMENT VALLABH
                                 BHAWAN BHOPAL, DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           2.    COMMISSIONER      COMMERCIAL       TAX
                                 DEPARTMENT INDORE (MADHYA PRADESH)

                           3.    DEPUTY COMMISSIONER COMMERCIAL TAX
                                 OFFICE SHAJAPUR (MADHYA PRADESH)

                           4.    DEPUTY COMMISSIONER COMMERCIAL TAX
                                 UJJAIN DIVISION (MADHYA PRADESH)

                           5.    DISTRICT   TREASURY             OFFICER SHAJAPUR
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI MUKESH PARWAL, P.L./G.A.)

                                 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 30.06.2007 and the annual increment was to be added on 1st of July of that year, but 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 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 01.07.2007 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 Bahar