Madhya Pradesh High Court

Shrikrishna Pachouri 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. 12261 of 2024

BETWEEN:-
SHRIKRISHNA PACHOURI S/O SHRI R.D. PACHOURI,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
AGRICULTURE    DEVELOPMENT    OFFICER    R/O
KUSHWAHA KIRANA STORE WALI GALI, GOVERDHAN
COLONY, GOLE KA MANDIR, GWALIOR (MADHYA
PRADESH)

                                                  .....PETITIONER
(BY SHRI ROMESH PRATAP SINGH - ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      THE PRINCIPAL SECRETARY, DEPARTMENT OF
      FARMER    WELFARE    AND    AGRICULTURE
      DEVELOPMENT     DEPARTMENT,     VALLABH
      BHAWAN, BHOPAL (MADHYA PRADESH)

2.    DIRECTOR/COMMISSIONER, DEPARTMENT OF
      AGRICULTURE,  2ND   FLOOR,   "C"   WING,
      VINDHYACHAL BHAVAN, ARERA HILLS, BHOPAL
      (MADHYA PRADESH)

3.    TREASURY DEPARTMENT THROUGH DIVISIONAL
      JOINT DIRECTOR, TREASURY ACCOUNT &
      PENSION, GWALIOR    CHAMBAL DIVISION,
      MOTIMAHAL GWALIOR (MADHYA PRADESH)

4.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
      FARMER    WELFARE   AND    AGRICULTURE
      DEVELOPMENT DEPARTMENT, SUB DIVISION
      GWALIOR    DISTRICT GWALIOR    (MADHYA
      PRADESH)

5.    DISTRICT PENSION OFFICER/ PRESCRIBED
      OFFICER PENSION, DISTRICT PENSION OFFICE
      GWALIOR,   DISTRICT GWALIOR     (MADHYA
      PRADESH)
                                       2
6.    DISTRICT   TREASURY OFFICER,   GWALIOR
      DISTRICT GWALIOR (MADHYA PRADESH)

                                                                 .....RESPONDENTS
(BY SHRI NEELESH SINGH TOMAR - GOVERNMENT ADVOCATE )

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

1. By the instant petition, the petitioner is claiming that although he stood

retired on 30.06.2023 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 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. The petitioner shall also be entitled to interest at the rate of 6% per annum from the date of his entitlement i.e. 1/7/2023 till the date of actual payment.

4. With the aforesaid, the petition stands allowed.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE (and)