Chain Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 13685 MP

Madhya Pradesh High Court

Chain Singh vs The State Of Madhya Pradesh on 10 May, 2024

Author: Pranay Verma

Bench: Pranay Verma

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                              ON THE 10 th OF MAY, 2024
                                           WRIT PETITION No. 12706 of 2024

                           BETWEEN:-
                           CHAIN SINGH S/O LATE SHRI GULAB SINGH, AGED
                           ABOUT 63 YEARS, OCCUPATION: RETIRED R/O: 1619-D,
                           SUDAMA NAGAR, INDORE (MADHYA PRADESH)

                                                                                .....PETITIONER
                           (BY SHRI MANOJ KUAMR VYAS - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH DWARA
                                 MUKHYA SACHIV VANIJYA KAR VIBHAG
                                 VALLABH   BHAWAN, BHOPAL   (MADHYA
                                 PRADESH)

                           2.    SAHAYAK AYUKT ABKARI VIBHAG COLLECTOR
                                 KARYALAYA, INDORE (MADHYA PRADESH)

                           3.    KOSHALAY      ADHIKARI JILA  KOSHALAY
                                 COLLECTOR   KARYALAY, INDORE (MADHYA
                                 PRADESH)

                           4.    PENSION SANVITARAN ADHIKARI SAMBHAGIYA
                                 PENSION   KARYALAY,  SETELITE  BHAWAN
                                 COLLECTOR KARYALAY, INDORE (MADHYA
                                 PRADESH)

                           5.    UPAYUKT ABKARI SAMBHAGIYA UDANDASTA,
                                 SAM BHAG SNEHLATAGANJRENBO, RESIDENCY,
                                 2ND TAL, HOP TEXTILES MIL PARISAR, D.R.P.
                                 LINE INDORE (MADHYA PRADESH)

                           6.    ABKARI AYUKT M.P. GWALIOR SANYUKT RAJASV
                                 BHAWAN    4TH     TAL   NEEDAM    MARG,
                                 CHANDRAVADNI NAKA, LASHKAR GWALIOR
                                 (MADHYA PRADESH)

                                                                              .....RESPONDENTS
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 10-05-2024
18:17:15
                                                        2
                           ( BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)

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

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2022 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 KPTCK 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 Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2022 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 Court.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE Shilpa