Kanhaiya Lal Borasi vs The State Of Madhya Pradesh
2024 Latest Caselaw 14297 MP

Madhya Pradesh High Court

Kanhaiya Lal Borasi vs The State Of Madhya Pradesh 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. 12913 of 2024

                           BETWEEN:-
                           KANHAIYA LAL BORASI S/O LATE SHRI RUGGAJI
                           BORIYA, AGED ABOUT 70 YEARS, OCCUPATION: RTD.
                           M.P.S. AMBEDKAR COLONY, NEAR BUS STAND RAVATI
                           DISTT. RATLAM (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI KISHORI LAL PUROHIT, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY PUBLIC HEALTH AND FAMILY
                                 WELFARE DEPARTMENT VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    REGIONAL DIRECTOR  HEALTH SERVICES
                                 MADHAV NAGAR HOSPITAL CAMPUS,UJJAIN
                                 (MADHYA PRADESH)

                           3.    CHIEF MEDICAL AND HEALTH OFFICER DISTT.-
                                 RATLAM(MP) (MADHYA PRADESH)

                           4.    DIVISIONAL PENSION OFFICER UJJAIN DIVISION
                                 BHARATPURI, UJJAIN (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           ( SHRI 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 30.06.2014 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 01.07.2014 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