Madhya Pradesh High Court

Vishnu Prasad Sharma 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. 12126 of 2024

                           BETWEEN:-
                           VISHNU PRASAD SHARMA S/O GHANSHYAMLALJI,
                           AGED ABOUT 71 YEARS, OCCUPATION: RETIRED SUB
                           INSPECTOR 10D, SEVA SARDAR NAGAR, BEHIND
                           GEETABHAWAN, INDORE (MADHYA PRADESH)

                                                                                               .....PETITIONER
                           (BY SHRI ANAND AGRAWAL, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY HOME (POLICE) MANTRALAYA
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER OF POLICE NEAR PALASIA
                                 POLICE STATION INDORE (MADHYA PRADESH)

                           3.    DEPUTY COMMISSIONER OF POLICE INDORE
                                 NEAR PALASIA POLICE STATION, INDORE
                                 (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                           (BY MS. BHARTI LAKKAD, 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 30/06/2011 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 01/07/2011 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