Madhya Pradesh High Court

Indra Narayan Pathak 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. 12517 of 2024

                           BETWEEN:-
                           INDRA NARAYAN PATHAK S/O LATE SHRI GAURI
                           SHANKAR PATHAK, AGED ABOUT 70 YEARS,
                           OCCUPATION: RTD. HEAD MASTER 56, BAGGI KHANA
                           PALACE ROAD, RATLAM DISTT. RATLAM (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT, ADVOCATE)

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

                           2.    C O M M I S S I O N E R PUBLIC INSTRUCTIONS
                                 MADHYA PRADESH GAUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    JOINT DIRECTOR PUBLIC INSTRUCTIONS UJJAIN
                                 DIVISION, UJJAIN (MADHYA PRADESH)

                           4.    DISTRICT   EDUCATION    OFFICER SCHOOL
                                 EDUCATION DEPARTMENT DIST. RATLAM GHAS
                                 BAZAR RATLAM (MADHYA PRADESH)

                           5.    DISTRICT PESNION OFFICER DISTICT RATLAM
                                 OLD   COLLECTORATE,   RATLAM    (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY MS. HARSHLATA SONI, G.A.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
                                                            ORDER

Signed by: KHEMRAJ JOSHI Signing time: 5/9/2024 6:02:15 PM

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2015 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 01/07/2015 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