Madhya Pradesh High Court

Ghanshyam Pal vs The State Of Madhya Pradesh on 7 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 7 th OF MAY, 2024
                                              WRIT PETITION No. 12115 of 2024

                           BETWEEN:-
                           GHANSHYAM PAL S/O SHRI CHHOTELAL PAL, AGED
                           ABOUT 64 YEARS, OCCUPATION: RETIRED PTI GOVT.
                           H.S. SCHOOL RAU INDORE A123 ADBHINANDAN
                           NAGAR, SUKHLIYA, INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI OM PRAKASH RAGHUVANSHI - ADVOCATE)

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

                           2.    COMMISSIONER     PUBLIC INSTRUCTIONS
                                 MADHYA PRADESH GAUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DISTRICT  EDUCATION     OFFICER  SCHOOL
                                 EDUCATION DEPARTMENT DISTT. INDORE NEAR
                                 BADA GANPATI, INDORE (MADHYA PRADESH)

                           4.    DIVISIONAL     PENSION    OFFICER INDORE
                                 DIVISION SETELLITE BHAWAN, COLLECTORATE
                                 INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           ( BY SHRI KOUSTUBH PATHAK - GOVT. ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

1. 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.

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 01.07.2022 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 ns