Radheshyam Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 13657 MP

Madhya Pradesh High Court

Radheshyam Sharma 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. 12496 of 2024

BETWEEN:-
RADHESHYAM SHARMA S/O LATE SHRI RAJARAM
SHARMA, AGED ABOUT 63 YEARS, OCCUPATION:
PENSIONER (RETIRED SAHAYAK SHIKSHAK GOVT.
MIDDLE SCHOOL DURG GWALIOR, SANKUL KENDRA
GOVT. ENGINEERING HIGH SCHOOL KHEDAPATI
COLONY, GWALIOR DDO, BEO MURAR DISTRICT
GWALIOR) R/O A-92, MOTHER TERESA SCHOOL KE
PICHHE , ANAND NAGAR BAHODAPUR DISTRICT
GWALIOR (MADHYA PRADESH)

                                                     .....PETITIONER
(SHRI NEERAJ SHRIVASTAVA - ADVOCATE)

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

2.    ZILA SHIKSHA ADHIKARI GWALIOR PHOOTI
      COLONY, SIROL ROAD, MURAR GWALIOR
      (MADHYA PRADESH)

3.    AHARAN SANVITARAN ADHIKARI, (D.D.O) B.E.O.
      M O R A R DISTRICT GWALIOR      (MADHYA
      PRADESH)

4.    ZILA  PENSION    ADHIKARI,    GWALIOR
      MOTIMAHAL, GWALIOR (MADHYA PRADESH)

5.    ZILA KOSHALAY ADHIKARI, GWALIOR NEW
      COLLECTOR PARISAR SIROL ROAD, GWALIOR
      (MADHYA PRADESH)

                                                   .....RESPONDENTS
( BY SHRI RAJEEV UPADHYAY - GOVERNMENT ADVOCATE)
                                                2
                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.

4. With the aforesaid, the petition stands allowed. Certified copy as per rules.

(VIVEK RUSIA) JUDGE vc

VARSHA CHATURVEDI 2024.05.10 18:18:46 +05'30'