Madhya Pradesh High Court

Mansharam Kalme vs The State Of Madhya Pradesh on 9 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 9 th OF MAY, 2024
                                             WRIT PETITION No. 12488 of 2024

                           BETWEEN:-
                           MANSHARAM KALME S/O SHRI MOTI LALA KALME,
                           AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                           ASSISTANT SUPPLY OFFICER, FROM THE OFFICE OF
                           CIVIL SUPPLY, ALIRAJPUR 53-D, VIDUR NAGAR, NEAR
                           HAWA BANGLA DISTT. INDORE (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI RAJOO K. PANDAGRE, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 SECRETARY MINISTRY OF FOOD AND CIVIL
                                 SUPPLY   AND    CONSUMER     PTORECTION
                                 MANTRALAYA,    VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    DIRECTORATE THROUGH ITS DIRECTOR FOOD
                                 CIVIL SUPPLY AND CONSUMER PROTECTION
                                 BHOPAL (MADHYA PRADESH)

                           3.    FOOD CONTROLLER DEPARTMENT OF FOOD
                                 AND CIVIL SUPPLY DISTRICT INDORE (MADHYA
                                 PRADESH)

                           4.    DISTRICT  COLLECTOR DISTRICT ALIRAJPUR
                                 (MADHYA PRADESH)

                           5.    DISTRICT TREASURY OFFICER TREASURY AND
                                 ACCOUNTS DEPARTMENT ALIRAJPUR (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY MS. HARSHLATA SONI, P.L./G.A.)

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

Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 09-05-2024
18:06:09
                                                                  2
                           following:
                                                                  ORDER

B y the instant petition, the petitioner is claiming that although he/she stood retired on 30.06.2023 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 KPTCL 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 the Supreme Court in case of C.P. Mundinamani (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 petitioner within a period of three months from the date of submitting copy of this order.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE Bahar