Madhya Pradesh High Court

Mrs. Usha Sharma vs The State Of Madhya Pradesh on 6 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 6 th OF MAY, 2024
                                               WRIT PETITION No. 11670 of 2024

                           BETWEEN:-
                           MRS. USHA SHARMA W/O LATE SHRI YOGENDRA
                           MOHAN    SHARMA, AGED ABOUT 71 YEARS,
                           OCCUPATION:  RETIRED   36,  NIKRAM VIHAR,
                           NANAKHEDA, UJJAIN (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY MS. NEERJA PATNE, ADVOCATE.)

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

                           2.    THE DISTRICT EDUCATION OFFICER DISTRICT
                                 DEWAS, DEWAS (MADHYA PRADESH)

                           3.    THE DISTRICT PENSION OFFICER DISTRICT
                                 DEWAS, DEWAS (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. GEETANJALI CHAURASIA, ADVOCATE.)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2013 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 01.07.2013 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 Divyansh