Mahendra Kumar Shukla vs The State Of Madhya Pradesh
2024 Latest Caselaw 13656 MP

Madhya Pradesh High Court

Mahendra Kumar Shukla vs The State Of Madhya Pradesh on 10 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 10 th OF MAY, 2024
                                            WRIT PETITION No. 12522 of 2024

                          BETWEEN:-
                          MAHENDRA KUMAR SHUKLA S/O LATE SHRI
                          HARISHANKAR SHUKLA, AGED ABOUT 70 YEARS,
                          OCCUPATION: RETIRED HEADMASTER R/O RAJGHAT
                          COLONY , POLICE STATION KOTWALI DATIA (MADHYA
                          PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI AWADHESH PARASHAR-ADVOCATE)

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

                          2.    THE DISRICT EDUCATION OFFICER OFFICE OF
                                THE DISRICT EDUCATION OFFICER DISRICT
                                DATIA (MADHYA PRADESH)

                          3.    DISTRICT   TREASURY OFFICER, OFFICE OF
                                DISTRICT TREASURY OFFICER, DISTRICT DATIA
                                (MADHYA PRADESH)

                          4.    PRINCIPAL, GOVERNMENT HIGHER SECONDARY
                                SCHOOL, VILLAGE UDGAWA DISTRICT DATIA
                                (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI RAJEEV UPADHYAY-GOVERNMENT ADVOCATE )

                                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 31.12.2016 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 01.01.2017 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 (Dubey)