Ashok Kumar Rajput vs The State Of Madhya Pradesh
2024 Latest Caselaw 14130 MP

Madhya Pradesh High Court

Ashok Kumar Rajput 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. 12523 of 2024

                           BETWEEN:-
                           ASHOK KUMAR RAJPUT S/O SHRI MULAKHRAJ
                           RAJPUT, AGED ABOUT 72 YEARS, OCCUPATION:
                           PENSIONER, RTD. FROM 18, BATTALION S.A.F. RADIO
                           SHIVPURI 10/A EXTENSION TIRUPATI NAGAR, NEAR
                           MAHADEV HOSPITAL, AIR PORT ROAD, INDORE
                           DISTRICT INDORE (MADHYA PRADESH)

                                                                                 .....PETITIONER
                           (BY SHRI SANTOSH PANDEY - ADVOCATE)

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

                           2.    INSPECTOR GENERAL OF POLICE (RADIO)
                                 JAHANGIRABAD BHOPAL (MADHYA PRADESH)

                           3.    COMMANDANT OF SPECIAL ARMS FORCE 18,
                                 BATTALION SHIVPURI, DIST. SHIVPURI (MADHYA
                                 PRADESH)

                           4.    DIVISIONAL    PENSION    OFFICER GWALIOR
                                 DIVISION PENSION OFFICE GWALIOR (MADHYA
                                 PRADESH)

                           5.    DIVISIONAL  PENSION        OFFICER GWALIOR,
                                 DIVISIONAL  PENSION       OFFICE   GWALIOR
                                 (MADHYA PRADESH)

                           6.    DISTIRICT PENSION OFFICER SHIVPURI, DIST.
                                 SHIVPURI (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                           (BY SHRI BHUWAN DESHMUKH - G.A.)

Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 14-05-2024
18:06:02
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                                    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 30.06.2011 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 01.07.2011 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 Pankaj