Devilal Pant vs The State Of Madhya Pradesh
2024 Latest Caselaw 13706 MP

Madhya Pradesh High Court

Devilal Pant 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. 12461 of 2024

                          BETWEEN:-
                          DEVILAL PANT S/O SHRI NIRPAT SINGH, AGED ABOUT
                          65 YEARS, OCCUPATION: RETIRED 1272 KARMACHARI
                          COLONY, KALAPIPAL MANDI, DISTRICT SHAJAPUR
                          (MADHYA PRADESH)

                                                                                              .....PETITIONER
                          (BY SHRI PRITAM SINGH KUSHWAHA - ADVOCATE)

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

                          2.    DISTRICT   EDUCATION   OFFICER DISTRICT
                                SHAJAPUR (MADHYA PRADESH)

                          3.    DISTRICT    TREASURY   OFFICER DISTRICT
                                SHAJAPUR (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                          (BY MS. BHARTI LAKKAD - G.A./P.L.)

                                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 30.06.2020 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 01.07.2020 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