Smt. Meenu Lekhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 13446 MP

Madhya Pradesh High Court

Smt. Meenu Lekhi vs The State Of Madhya Pradesh on 9 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                            1
 IN    THE    HIGH COURT OF MADHYA PRADESH
                    AT GWALIOR
                         BEFORE
             HON'BLE SHRI JUSTICE VIVEK RUSIA
                   ON THE 9 th OF MAY, 2024
                WRIT PETITION No. 12376 of 2024

BETWEEN:-
SMT. MEENU LEKHI W/O SHRI RAJESH LEKHI, AGED 64
Y E A R S , OCCUPATION:   PENSIONER  (RETIRED
PRINCIPAL,       SHASKIYA     HIGH      SCHOOL
CHAKKESHAVPUR MURAR (GRAMIN) GWALIOR,
SANKUL KENDRA SHASKIYA HIGH SCHOOL SUPAWALI
MURAR (GRAMIN) GWALIOR MADHYA PRADESH,
D.D.O., B.E.O. MURAR DISTRICT GWALIOR R/O 11,
MANIK VILAS COLONY LEKHI NIVAS, GANDHI ROAD,
GWALIOR (MADHYA PRADESH).

                                                  .....PETITIONER
(BY SHRI NIRAJ SHRIVASTAVA - ADVOCATE)

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

2.    AAYUKT   LOK  SHIKSHAN  SANCHALNALAY
      (SCHOOL SHIKSHA) GAUTAM NAGAR BHOPAL
      (MADHYA PRADESH).

3.    SANYUKT SANCHALAK LOK SHIKSHAN GWALIOR
      SAMBHAG (SCHOOL SHIKSHA), PHOOTI COLONY,
      SIROL ROAD, MURAR, DISTRICT GWALIOR
      (MADHYA PRADESH).

4.    JILA SHIKSHA ADHIKARI, GWALIOR, PHOOTI
      COLONY, SIROL ROAD, MURAR DISTRICT
      GWALIOR (MADHYA PRADESH).

5.    D.D.O. BLOCK EDUCATION OFFICER MURAR,
      DISTRICT GWALIOR (MADHYA PRADESH).

6.    JILA  PENSION    ADHIKARI   GWALIOR,
      MOTIMAHAL, DISTRICT GWALIOR (MADHYA
                                                         2
                        PRADESH).

                  7.    JILA  KOSALAY  ADHIKARI GWALIOR NEW
                        COLLECTORATE,  SIROL  ROAD,  DISTRICT
                        GWALIOR (MADHYA PRADESH).

                                                                                   .....RESPONDENTS
                  (SHRI NEELESH SINGH TOMAR APPEARING ON BEHALF OF ADVOCATE
                  GENERAL)

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

1 . B y the instant petition, the petitioner is claiming that although she

stood retired on 31.12.2021 and the annual increment was to be added on 1st of

January, but 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 January every year shall be paid to the employee who got retired on 31st of December of the preceding 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 01.01.2022 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.

ANAND SHRIVASTAVA        Certified copy as per rules.







            (VIVEK RUSIA)
                JUDGE
(and)