Pradeep Kumar vs Madhya Pradesh Pashchim Kshetra Vidhut ...
2024 Latest Caselaw 12847 MP

Madhya Pradesh High Court

Pradeep Kumar vs Madhya Pradesh Pashchim Kshetra Vidhut ... 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. 11857 of 2024

                           BETWEEN:-
                           PRADEEP KUMAR S/O SHRI PRATAP RAY NIGAM, AGED
                           ABOUT 65 YEARS, OCCUPATION: RETIRED 15/1,
                           SARASWATI COLONY, TARANA, DIST. UJJAIN (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI KAILASH CHANDRA YADAV - ADVOCATE)

                           AND
                           1.    MADHYA   PRADESH    PASHCHIM   KSHETRA
                                 VIDHUT   VITARAN     COMPANY    LIMITED
                                 ADDITIONAL SECRETARY G.P.H. COMPOUND,
                                 POLO GROUND, INDORE (MADHYA PRADESH)

                           2.    CHIEF GENERAL MANAGER (HR AND A) MADHYA
                                 PRADESH    PASHCHIM   KSHETRA     VIDHUT
                                 VITARAN COMPANY LIMITED JYOTI NAGAR,
                                 UJJAIN (MADHYA PRADESH)

                           3.    SUPERINTENDENT     ENGINEER CITY CIRCLE,
                                 MADHYA    PRADESH    PASHCHIM   KSHETRA
                                 VIDHUT VITARAN COMPANY LIMITED MAKSHI
                                 ROAD, UJJAIN (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 30.06.2020 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 ns