Hasir vs State Of M.P.
2024 Latest Caselaw 14320 MP

Madhya Pradesh High Court

Hasir vs State Of M.P. 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. 13022 of 2024

                           BETWEEN:-
                           HASIR S/O SHRI GAPUR KHAN, AGED ABOUT 67 YEARS,
                           OCCUPATION:     RETD.   RURAL     AGRICULTURE
                           DEVELOPMENT OFFICER BLOCK JHIRNYA DISTT.
                           KHARGONE (MADHYA PRADESH)

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

                           AND
                           1.    STATE OF M.P. THROUGH DIRECTOR FARMER
                                 WELFARE AND AGRICULTURE DEVELOPMENT
                                 2ND FLOOR C WING VINDHYACHAL BHAWAN
                                 ARERA HILLS, BHOPAL (MADHYA PRADESH)

                           2.    THE JOINT DIRECTOR FARMER WELFARE AND
                                 AGRICULTURE           DEVELOPMENT INDORE
                                 DIVISION DIST. INDORE (MADHYA PRADESH)

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

                           4.    THE DEPUTY DIRECTOR FARMER WELFARE AND
                                 AGRICULTURE      DEVELOPMENT KHARGONE,
                                 DISST KHARGONE (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