Man Mohan Nema vs The State Of Madhya Pradesh
2024 Latest Caselaw 13741 MP

Madhya Pradesh High Court

Man Mohan Nema vs The State Of Madhya Pradesh on 11 May, 2024

Author: Pranay Verma

Bench: Pranay Verma

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                               BEFORE LOK ADALAT
                                        HON'BLE SHRI JUSTICE PRANAY VERMA
                                                         &
                                               SHRI HIMANSHU JOSHI
                                                 ON THE 11 th OF MAY, 2024
                                             WRIT PETITION No. 10859 of 2021

                           BETWEEN:-
                           MAN MOHAN NEMA S/O LATE SHRI SHRIKRISHNA
                           NEMA, AGED ABOUT 68 YEARS, OCCUPATION: RETD.
                           LECTURER, GOVT. GIRLS H.S. SCHOOL. KALAPIPAL
                           DIST. SHAJAPUR NEAR JAIN MANDIR, KALAPIPLA
                           MANDI TEH. KALAPIPAL (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI K. L. PUROHIT - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR.
                                 PRINCIPAL SECRETARY VALLABH BHAWAN
                                 BHOPAL (M.P.) (MADHYA PRADESH)

                           2.    COMMISSIONER    PUBLIC    INSTRUCTION
                                 DIRECTORATE  OF   PUBLIC  INSTRUCTION
                                 GAUTAM NAGAR BHOPAL (MADHYA PRADESH)

                           3.    DIVISIONAL PENSION OFFICER UJJAIN DIVISION
                                 BHARATPURI UJJAIN (MADHYA PRADESH)

                           4.    DISTRICT  EDUCATION   OFFICER    SCHOOL
                                 EDUCATION DEPARTMENT A.B. ROAD SHAJAPUR
                                 (MADHYA PRADESH)

                           5.    P R I N C I PA L GOVT. GIRLS H.S. SCHOOL
                                 KALAPIPAL KALAPIPAL (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI A. S. PARIHAR - ADVOCATE)

                                 This petition coming on for conciliation this day, the Bench passed the

Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 17-05-2024
19:07:03
                                                                  2
                           following:
                                                                  ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2014 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 01/07/2014 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 Court.

4. With the aforesaid, the petition stands allowed.

                                 (JUSTICE PRANAY VERMA)                                   (HIMANSHU JOSHI)
                                      MEMBER                                                 MEMBER
                           Tej