Lila Beragi vs The State Of Madhya Pradesh
2024 Latest Caselaw 13704 MP

Madhya Pradesh High Court

Lila Beragi vs The State Of Madhya Pradesh on 10 May, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                              ON THE 10 th OF MAY, 2024
                                          WRIT PETITION No. 12735 of 2024

                          BETWEEN:-
                          LILA BERAGI D/O LATE SHRI KRISHNADAS BERAGI,
                          AGED ABOUT 69 YEARS, OCCUPATION: PENSIONER 16,
                          SOYATKALA, INDORE KOTA ROAD, SUSNER, DISTRICT
                          SHAJAPUR (MADHYA PRADESH)

                                                                             .....PETITIONER
                          (BY SHRI YASH NAGAR - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY WOMEN AND CHILD DEVELOPEMNT
                                DEPARTMENT DISTRICT BHOPAL (MADHYA
                                PRADESH)

                          2.    COMMISSIONER       INTEGRATED     CHILD
                                DEVELOPMENT,     WOMEN     AND   CHILD
                                DEVELOPMENT          DEPARTMENT BHOPAL,
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    DIVISIONAL JOINT DIRECTOR   TREASURY
                                ACCOUNTS AND PENSION DIVISION UJJAIN
                                (MADHYA PRADESH)

                          4.    DISTRICT PROGRAMME OFFICER WOMEN AND
                                CHILD DEVELOPMENT DEPARTMENT DISTRICT
                                SHAJAPUR (MADHYA PRADESH)

                          5.    DIVISIONAL PENSION OFFICER DIVISION UJJAIN
                                (MADHYA PRADESH)

                          6.    DISTRICT    PENSION     OFFICER DISTRICT
                                SHAJAPUR (MADHYA PRADESH)

                          7.    DISTRICT    TREASURY   OFFICER DISTRICT
                                SHAJAPUR (MADHYA PRADESH)

Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 5/10/2024
6:27:37 PM
                                                                 2
                                                                                            .....RESPONDENTS
                          (BY SHRI BHUWAN DESHMUKH - G.A.)

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

B y the instant petition, the petitioner is claiming that although he/she stood retired on 30.06.2014 and the annual increment was to be added on 1st of July of that year, but he/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 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 01.07.2014 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.

(SUBODH ABHYANKAR) JUDGE Bahar