Sukhlal vs The State Of Madhya Pradesh
2024 Latest Caselaw 14313 MP

Madhya Pradesh High Court

Sukhlal vs The State Of Madhya Pradesh on 15 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 15 th OF MAY, 2024
                                              WRIT PETITION No. 13035 of 2024

                           BETWEEN:-
                           SUKHLAL S/O SHRI MANGILAL KOCHAK, AGED ABOUT
                           69 YEARS, OCCUPATION: RETIRED HEAD MASTER
                           GOVT. MIDDLE SCHOOL MAKED KHEDA DISST.
                           KHARGONE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SHOBHAG MAL PORWAL - ADVOCATE)

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

                           2.    DISTRICT   EDUCATION      OFFICER DISTT.
                                 KHARGONE (MADHYA PRADESH)

                           3.    DISTRICT    TREASURY      OFFICER DISTT.
                                 KHARGONE (MADHYA PRADESH)

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

                                                                                       .....RESPONDENTS
                           (BY SHRI KOUSTUBH PATHAK - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2016 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 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 01.07.2016 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 Court.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE Shilpa