Mahadev Singh Chouhan vs The State Of Madhya Pradesh
2024 Latest Caselaw 13372 MP

Madhya Pradesh High Court

Mahadev Singh Chouhan vs The State Of Madhya Pradesh on 9 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 9 th OF MAY, 2024
                                          WRIT PETITION No. 12491 of 2024

                          BETWEEN:-
                          1.    MAHADEV SINGH CHOUHAN S/O LATE SHRI
                                CHHOGALAL CHOUHAN, AGED ABOUT 63 YEARS,
                                OCCUPATION: RETIRED ASSTT. SUB- INSPECTOR,
                                INDORE, R/O. 62-A, ASRAVAD KHURD, DISTT.-
                                INDORE (MADHYA PRADESH)

                          2.    REWARAM        BHARGAV     S/O   LATE  SHRI
                                JAGANNATH BHARGAV, AGED ABOUT 63 YEARS,
                                OCCUPATION: RETIRED CONSTABLE (TRAFFIC),
                                R/O. A-14, SAI CITY DISTRICT INDORE (MADHYA
                                PRADESH)

                                                                              .....PETITIONERS
                          (BY SHRI RAJOO K. PANDAGRE - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                SECRETARY MINISTRY OF HOME DEPARTMENT
                                MANTRALAYA      VALLABH HAWAN, BHOPAL
                                (MADHYA PRADESH)

                          2.    DIRECTOR GENERAL OF POLICE DEPARTMENT
                                OF POLICE BHOPAL (MADHYA PRADESH)

                          3.    SUPERINTENDENT OF POLICE DISTRICT INDORE
                                (MADHYA PRADESH)

                          4.    ADDITIONAL SUPDT. OF POLICE (TRAFFIC)
                                DISTRICT INDORE (MADHYA PRADESH)

                          5.    DISTRICT PENSION OFFICER DISTRICT INDORE
                                (MADHYA PRADESH)

                          6.    DISTRICT TREASURY OFFICER TREASURY AND
                                ACCOUNTS   DEPARTMENT INDORE (MADHYA
                                PRADESH)
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 5/14/2024
10:51:07 AM
                                                                 2
                                                                                           .....RESPONDENTS
                          (BY SHRI ANENDRA SINGH PARIHAR - P.L. FOR STATE)

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

1. By the instant petition, the petitioners are claiming that although they stood retired on 30.06.2023 and the annual increments were to be added on 1st of July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners 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 01.07.2023 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this Court.

4. With the aforesaid, the petition stands allowed and disposed off. C.c. as per rules.

(PRANAY VERMA) JUDGE SS/-