Champalal vs State Of M.P.
2024 Latest Caselaw 14293 MP

Madhya Pradesh High Court

Champalal vs State Of M.P. on 15 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 15 th OF MAY, 2024
                                               WRIT PETITION No. 13025 of 2024

                           BETWEEN:-
                           CHAMPALAL S/O SHRI CHITAR SINGH CHOUHAN,
                           AGED ABOUT 69 YEARS, OCCUPATION: RETIRED HEAD
                           MASTER,   GOVT.     GIRLS   MIDDLE     SCHOOL
                           CHANDANPURI, DIST. KHARGONE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           ( SHRI S.M. PORWAL, ADVOCATE )

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

                           2.    DISTRICT   EDUCATION       OFFICER DISST.
                                 KHARGONE(M.P.) (MADHYA PRADESH)

                           3.    DISTRICT    TREASURY       OFFICER DISST.
                                 KHARGONE(M.P.) (MADHYA PRADESH)

                           4.    THE JOINT DIRECTOR TREASURY ACCOUNTS
                                 AND PENSION DEPARTMENT INDORE (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (MS. HARSHLATA SONI, GOVT. ADVOCATE )

                                 T h is petition coming on for order this day, t h e cou rt passed the
                           following:
                                                                ORDER

By the instant petition, the petitioner is claiming that although she stood

retired on 30.06.2016 and the annual increment was to be added on 1st of July of that year, but 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 01.07.2016 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 das