Anil Kumar Jain vs The State Of Madhya Pradesh
2024 Latest Caselaw 14129 MP

Madhya Pradesh High Court

Anil Kumar Jain vs The State Of Madhya Pradesh on 14 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 14 th OF MAY, 2024
                                            WRIT PETITION No. 12741 of 2024

                           BETWEEN:-
                           1.    ANIL KUMAR JAIN S/O LATE SHRI ADAKU LAL
                                 JAIN, AGED ABOUT 63 YEARS, OCCUPATION: RTD.
                                 ASST. TEACHER, GOVT UNNAT MIDDLE SCHOOL
                                 NO. 56 LODHIPURA INDORE 20 PARIHAR COLONY
                                 NEAR KALANI NAGAR, AIRPORT ROAD INDORE
                                 DISTT. INDORE (MADHYA PRADESH)

                           2.    DILIP KUMAR MEHTA S/O LATE SHRI NARAYAN
                                 DAS MEHTA, AGED ABOUT 63 YEARS,
                                 OCCUPATION: RTD. ASST. TEACHER, GOVT.
                                 GIRLS MIDDLE SCHOOL NO. 03, LODHIPURA,
                                 INDORE 80 ANNAPURNA NAGAR, INDORE DIST.
                                 INDORE (MADHYA PRADESH)

                           3.    GURUDATT SAVKAR S/O SHRI SHARAN APPA
                                 SAVKAR, AGED ABOUT 63 YEARS, OCCUPATION:
                                 RTD. ASST. TEACHER, GOVT. MIDDLE MACHALA
                                 DIST. INDORE KELOD KARTAL NAI BASTI,
                                 KASTURBA GRAM, INDORE (MADHYA PRADESH)

                                                                               .....PETITIONERS
                           (BY SHRI KISHORI LAL PUROHIT, ADVOCATE)

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

                           2.    C O M M I S S I O N E R PUBLIC INSTRUCTIONS
                                 MADHYA PRADESH GAUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    JOINT     DIRECTOR PUBLIC   INSTRUCTIONS
                                 INDORE DIVISION, INDORE (MADHYA PRADESH)

                           4.    DISTRICT    EDUCATION       OFFICER SCHOOL
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 5/14/2024
6:41:56 PM
                                                      2
                                  EDUCATION DEPARTMENT DISTRICT INDORE,
                                  NEAR BADA GANPATI, INDORE (MADHYA
                                  PRADESH)

                           5.     DIVISIONAL    PENSION    OFFICER INDORE
                                  DIVISION   SETTELITE  BHAWAN,   INDORE
                                  (MADHYA PRADESH)

                                                                                            .....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 petitioners are claiming that although they stood retired on 30/06/2023 and the annual increment was to be added on 1st of

July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners 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 01/07/2023 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this Court.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE krjoshi