Ashok Kumar Dubey vs The State Of Madhya Pradesh
2024 Latest Caselaw 13686 MP

Madhya Pradesh High Court

Ashok Kumar Dubey 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. 12728 of 2024

                           BETWEEN:-
                           ASHOK KUMAR DUBEY S/O HARIBHAU DUBEY, AGED
                           ABOUT 73 YEARS, OCCUPATION: PENSIONER, R/O: M-
                           249, KHATIWALA TANK INDORE DISTRICT INDORE
                           (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI YASH PAL RATHORE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY     MINISTRY    OF    FINANCE
                                 DEPARTMENT VALLABH BHAWAN MANTRALAYA
                                 BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                           2.    JOINT DIRECTOR, TREASURIES ACCOUNTS AND
                                 PEN S ION UJJAIN DIVISION UJJAIN (MADHYA
                                 PRADESH)

                           3.    DISTRICT PENSION OFFICER UJJAIN DISTRICT
                                 UJJAIN (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (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 30.06.2010 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 01.07.2010 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