Mathrilal vs The State Of Madhya Pradesh
2024 Latest Caselaw 14322 MP

Madhya Pradesh High Court

Mathrilal 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. 12668 of 2024

                           BETWEEN:-
                           MATHRILAL S/O SHRI JAGANNATH KOLI, AGED ABOUT
                           76 YEARS, OCCUPATION: RETD. PRINCIPAL R/O: WARD
                           NO. 13, IN FRONT OF MINING OFFICE, MEGHNAGAR,
                           TEHSIL MEGHNAGAR, DIST. JHABUA (MADHYA
                           PRADESH)

                                                                                              .....PETITIONER
                           (BY MS. RANJANA GAWADE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY TRIBAL    WELFARE   VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    ASSISTANT  COMMISSIONER TRIBAL OFFICE
                                 DEPARTMENT JHABUA (MADHYA PRADESH)

                           3.    BLOCK    EDUCATION    OFFICER MEGHNAGAR,
                                 DIST. JHABUA (MADHYA PRADESH)

                           4.    DISTRICT    TREASURY              OFFICER JHABUA
                                 (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                           (BY SHRI KAUSTUBH PATHAI - 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 31.12.2010 and the annual increment was to be added on 1s t of January of next 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 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/1st of January every year shall

be paid to the employee who got retired on 30th of June/31st of December 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 01.01.2011 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.

(PRANAY VERMA) JUDGE Shilpa