Keshari Prasad Bhor vs School Education Department
2024 Latest Caselaw 13761 MP

Madhya Pradesh High Court

Keshari Prasad Bhor vs School Education Department 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. 17510 of 2020

                           BETWEEN:-
                           KESHARI PRASAD BHOR S/O LATE SHRI GANESH
                           PRASAD BHOR, AGED ABOUT 62 YEARS, OCCUPATION:
                           RETD. ACCOUNTANT 137-B, VAIBHAV NAGAR,
                           KANADIYA ROAD, INDORE (MADHYA PRADESH)

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

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

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

                           3.    DIVISIONAL  PENSION  OFFICER SETTELITE
                                 BHAWAN, COLLECTORATE INDORE (MADHYA
                                 PRADESH)

                           4.    DISTRICT  EDUCATION   OFFICER           SCHOOL
                                 EDUCATION    DEPARTMENT BADA            GANPATI
                                 INDORE (MADHYA PRADESH)

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

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

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2020 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 01/07/2020 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 Court.

4. With the aforesaid, the petition stands allowed.

                                 (JUSTICE PRANAY VERMA)                                   (HIMANSHU JOSHI)
                                      MEMBER                                                 MEMBER
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