Madhya Pradesh High Court

Smt. Najma Qureshi vs The State Of Madhya Pradesh on 7 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 7 th OF MAY, 2024
WRIT PETITION No. 12132 of 2024

BETWEEN:-
SMT. NAJMA QURESHI W/O LATE MUKIMUDDIN
QURESHI, AGED ABOUT 62 YEARS, OCCUPATION:
LECTURER GOVT. URDU GIRLS HIGHER SECONDARY
SCHOOL BAKSHIBAGH, INDORE (MADHYA PRADESH)

.....PETITIONER
(BY SHRI CHANDRAKANT VERMA, ADVOCATE)

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

2. THE COMMISSIONER LOK SHIKSHAN
SAN CHAN ALAYA GAUTAM NAGAR, BHOPAL
(MADHYA PRADESH)

3. THE DISTRICT EDUCATION OFFICER INDORE
DIST. INDORE (MADHYA PRADESH)

4. THE BLOCK EDUCATION OFFICER INDORE DIST.
INDORE (MADHYA PRADESH)

5. THE PRINCIPAL, GOVT. GIRLS HIGHER
SECONDARY SCHOOL BAKSHIBAGH INDORE
(MADHYA PRADESH)

6. THE DISTRICT TREASURY OFFICER
COLLECTORATE CAMPUS, INDORE (MADHYA
PRADESH)

7. THE DIVISIONAL PENSION OFFICER
COLLECTORATE CAMPUS INDORE (MADHYA
PRADESH)

Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 5/7/2024
6:46:07 PM
2
.....RESPONDENTS
(BY MS. HARSHLATA SONI, G.A.)

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

B y the instant petition, the petitioner is claiming that although he/she stood retired on 30/06/2024 and the annual increment was to be added on 1st of July of that year, but he/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 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 01/07/2024 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.

(SUBODH ABHYANKAR) JUDGE krjoshi