Madhya Pradesh High Court
Narayan Patidar vs The State Of Madhya Pradesh Through Its ... 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. 12976 of 2024
BETWEEN:-
NARAYAN PATIDAR S/O SHRI DHANJI PATIDAR, AGED
ABOUT 64 YEARS, OCCUPATION: PENSIONER, RTD.
FROM GOVT. HIGHER SECONDARY SCHOOL SUNDREL
BLOCK AND TEHSIL DHARAMPURI, DISTRICT DHAR
R/O: 15, RAJENDRA COLONY, RAJGARH, TEHSIL
SARDARPUR DISTRICT DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANTOSH PANDEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY TRIBAL WORK
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. COMMISSIONER TRIBAL WORK DEPARTMENT
SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
3. DIRECTOR, PENSION BHAVISHYA NIDHI EVAM
BIMA MADHYA PRADESH ARERA HILLS, BHOPAL
(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 DIST. DHAR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI KAUSTUBH PATHAK - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 15-05-2024
15:07:42
2
This petition coming on for admission this day, th e court passed the
following:
ORDER
01. The petitioner has filed the present petition under Article 226 of the
Constitution of India for issuance of an appropriate writ, order or direction,
directing the respondents to grant him annual increment fell due on 01.07.2022.
The petitioner retired from service on 30.06.2022, after attaining the age of
superannuation.
02. Learned counsel for the petitioner submits that the issue involved in
the present case has already been settled on 11.04.2023 by the Supreme Court
recently in the case of Director (Admn. & HR) KPTCK & Others v/s C.P.
Mundinamani & Others [Civil Appeal No.2471 of 2023 @ SLP (C)
No.6185 of 2020] reported in 2023 LiveLaw (SC) 296, wherein it has been
held that the 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 petition is also entitled to get the said benefit.
03. Considering the aforesaid and taking note of the judgment passed by
the Supreme Court in the case of C.P. Mundinamani (supra), the
respondents are directed to grant the benefit of annual increment which was to
be added with effect from 01.07.2022 and recalculate the benefit of retiral dues
and pension and issue fresh Pension Payment Order (PPO) in favour of the
petitioner within a period of three months from the date of receipt of certified
copy of this order. The petitioner is also entitled for arrears. PPO be
accordingly revised.
04. With the aforesaid, Writ Petition stands allowed.
(PRANAY VERMA)
JUDGE
Shilpa
