Prem Singh Malviya vs State Of Madhya Pradesh Through Its ...
2024 Latest Caselaw 12740 MP

Madhya Pradesh High Court

Prem Singh Malviya vs State Of Madhya Pradesh Through Its ... 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. 11323 of 2024

                           BETWEEN:-
                           PREM SINGH MALVIYA S/O SHRI BABARU JEE, AGED
                           ABOUT 66 YEARS, OCCUPATION: HEADMASTER WARD
                           NO. 4, TEH. KHILCHIPUR, TOPKHANA GET, DIST.
                           RAJGARH (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY MS. TRAPTI SONI, ADVOCATE.)

                           AND
                           1.    STATE OF MADHYA PRADESH THROUGH ITS
                                 SECRETARY    MINISTRY  OF  EDUCATION
                                 D EPARTM EN T VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    DISTRICT   EDUCATION   OFFICER DISTRICT
                                 RAJGARH (MADHYA PRADESH)

                           3.    DIVISIONAL    PENSION    OFFICER DIVISION
                                 RAJGARH DIST. RAJGARH (MADHYA PRADESH)

                           4.    DISTRICT TREASURY OFFICER DEPARTMENT OF
                                 TREASURY AND ACCOUNTS DISTRICT RAJGARH
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. GEETANJALI CHAURASIA, PANEL LAWYER.)

                                 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 30.06.2020 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 01.07.2020 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