Murarilal Yadav vs The State Of Madhya Pradesh To Be Served
2024 Latest Caselaw 13448 MP

Madhya Pradesh High Court

Murarilal Yadav vs The State Of Madhya Pradesh To Be Served 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. 11899 of 2024

BETWEEN:-
MURARILAL YADAV S/O SHRI BALWANT SINGH
YADAV, AGED ABOUT 68 YEARS, OCCUPATION:
RETIRED GOVT. SERVANT R/O VINDHYANCHAL
COLONY GUNA (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI SUNIL KUMAR JAIN - ADVOCATE)

AND
1.    STATE OF MADHYA PRADESH TO BE SERVED
      PRINCIPAL SECRETARY DEPARTMENT OF
      WATER    RESOURCES, VALLABH  BHAWAN
      BHOPAL (MADHYA PRADESH)

2.    ENGINEER IN CHIEF DEPARTMENT OF WATER
      R ES OUR CE TULSI NAGAR BHOPAL (MADHYA
      PRADESH)

3.    CHIEF  ENGINEER DEPARTMENT OF WATER
      RESOURCE RAJGARH (MADHYA PRADESH)

4.    EXECUTIVE ENGINEER DEPARTMENT OF WATER
      R E S O U R C E RAJGARH DISTRICT-RAJGARH
      (MADHYA PRADESH)

5.    DISTRICT PENSION OFFICER GUNA, DISTRICT-
      GUNA (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 30.06.2016 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 01.07.2016 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. Certified copy as per rules.

(VIVEK RUSIA) JUDGE vc

VARSHA CHATURVEDI 2024.05.10 12:58:52 +05'30'