Amarsingh Sakle vs The State Of Madhya Pradesh
2024 Latest Caselaw 14139 MP

Madhya Pradesh High Court

Amarsingh Sakle vs The State Of Madhya Pradesh on 14 May, 2024

Author: Pranay Verma

Bench: Pranay Verma

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                                ON THE 14 th OF MAY, 2024
                                            WRIT PETITION No. 12726 of 2024

                          BETWEEN:-
                          AMARSINGH SAKLE S/O SHRI UMRAOSINGH SAKLE,
                          AGED ABOUT 66 YEARS, OCCUPATION: PENSIONER,
                          R/O: VILLAGE AND POST BALIPUR, BLOCK AND TEHSIL
                          MANAWAR, DISTRICT DHAR (MADHYA PRADESH)

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

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

                          2.    DIRECTOR, PENSION BHAVISHYA NIDHI EVAM
                                BIMA,   MADHYA    PRADESH, ARERA HILLS,
                                BHOPAL (MADHYA PRADESH)

                          3.    DISTRICT EDUCATION OFFICER, DHAR DIST.
                                DHAR (MADHYA PRADESH)

                          4.    ASSISTANT COMMISSIONER,  DHAR TRIBAL
                                WORK DEPARTMENT, DIST. DHAR (MADHYA
                                PRADESH)

                          5.    DISTRICT PENSION OFFICER, DHAR, DIST. DHAR
                                (MADHYA PRADESH)

                          6.    DISTRICT TREASURY OFFICER, DHAR, DISTRICT
                                DHAR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (SHRI TARUN KUSHWAH - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 15-May-24
11:03:41 AM
                                                                 2
                          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 on 11 th April, 2023 by the Supreme Court recently in Civil Appeal No.2471 of 2023 (@ SLP (C) No.6185 of 2020) [The Director (Admn. and HR) KPTCK and Ors. v. 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 Pension Payment Order (P.P.O.) in favour of the petitioner (if P.P.O. has already been issued) within a period of three months from the date of submitting copy of this Court's order.

4. With the aforesaid direction, the petition stands allowed.

(PRANAY VERMA) JUDGE Anushree