Madhya Pradesh High Court
Satyanarayan Choudhry vs Managing Director on 16 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 16 th OF MAY, 2024
WRIT PETITION No. 30215 of 2023
BETWEEN:-
1. SATYANARAYAN CHOUDHRY S/O SHUKHRAM
CHOUDHRY, AGED ABOUT 69 YEARS,
OCCUPATION: SERVICE RETIRED 205, 7/2 GOAL
RESIDENCY MANORAMAGANJ, INDORE
(MADHYA PRADESH)
2. SAMBHOONATH SINGH S/O MAHAVEER PRASAD
SINGH, AGED ABOUT 62 YEARS, OCCUPATION:
SERVICE RETIRED 129 C TULSI NAGAR INDORE
(MADHYA PRADESH)
3. ASHOK KUMAR VYAS S/O NIRANJAN PRASAD
VYAS, AGED ABOUT 66 YEARS, OCCUPATION:
SERVICE RETIRED 182 SUDAMA NAGAR INDORE
(MADHYA PRADESH)
4. PREMCHAND GUPTA S/O GAYAPRASAD GUPTA,
AGED ABOUT 62 YEARS, OCCUPATION: SERVICE
RETIRED 229-B SUDAMA NAGAR INDORE
(MADHYA PRADESH)
5. JAGDISH CHANDA KAUSHAL S/O GHISHALAL,
AGED ABOUT 75 YEARS, OCCUPATION: SERIVCE
RETIRED 12/10 PARDESHIPURA INDORE
(MADHYA PRADESH)
6. SUBHASH CHANDRA SATALKAR S/O NATHUJI
RAO, AGED ABOUT 72 YEARS, OCCUPATION:
SERVICE RETIRED BM 87 PANDIT DINDAYAL
NAGAR SHUKLIYA INDORE (MADHYA PRADESH)
7. SASHIKANT PURKAR S/O DATRATRAY PURKAR,
AGED ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED 125, AHILYA NAGAR EXT. ANNAPURNA
ROAD INDORE (MADHYA PRADESH)
8. CHANDRAKANT MAHASHBDE S/O GAJAANAN
RAO MAHSHBDE, AGED ABOUT 70 YEARS,
OCCUPATION: SERVICE RETIRED 103, ABHIMAN
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-05-2024
17:47:14
2
TOWER 98-99 DHANVANTARY NAGAR INDORE
(MADHYA PRADESH)
9. ASHOK KUMAR PURE S/O KAMLASHANKAR
PURE, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED BM 85 PANDIT DINDAYAL
UPADHYAY NAGAR SUKHLIYA INDORE (MADHYA
PRADESH)
10. DINESH SINGH RAJPUT S/O BANSHIDHAR SINGH,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 103 AVANTIKA NAGAR INDORE
(MADHYA PRADESH)
11. RAJENDRA KUMAR BHADEVRA S/O NANDLAL JI,
AGED ABOUT 74 YEARS, OCCUPATION: SERVICE
RETIRED 205 SAHAJ TOWER 110 GEETA NAGAR
INDORE (MADHYA PRADESH)
12. SMT. SUSHMA MISHRA W/O KAILASH MISHRA,
AGED ABOUT 64 YEARS, OCCUPATION: SERVICE
RETIRED 861 KHAJUR GANJ BIJASHAN ROAD
INDORE (MADHYA PRADESH)
13. DILIP KUMAR BAKSHEE S/O SHANKAR RAO
BAKSHEE, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED 115, C SANGAMNAGAR
INDORE (MADHYA PRADESH)
14. SURENDRA SINGH RAJPAL S/O KARTAR SINGH
RAJPAL, AGED ABOUT 68 YEARS, OCCUPATION:
SERVICE RETIRED 10, A DHANVANTARI NAGAR
INDORE (MADHYA PRADESH)
15. SMT. KAMALA MALVIYA W/O RAMPRASAD
MALVIYA, AGED ABOUT 66 YEARS, OCCUPATION:
SERVICE RETIRED 22 A-AVANTIKA NAGAR
SANGAM NAGAR INDORE (MADHYA PRADESH)
16. KAILASH CHANDRA LAD S/O R.L. LAD, AGED
ABOUT 64 YEARS, OCCUPATION: SERVICE
RETIRED 35, MIG SAMVAD NAGAR INDORE
(MADHYA PRADESH)
17. DONGAR SINGH CHAUHAN S/O SOBHAN SINGH
CHAUHAN, AGED ABOUT 71 YEARS, OCCUPATION:
SERVICE RETIRED 53 SHREE SAPT SANGEE
NIHALPURA MUNDI INDORE (MADHYA
PRADESH)
18. VIJAY KUMAR SHREEVAS S/O PRATHAVEE RAM
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-05-2024
17:47:14
3
SHREE VAS, AGED ABOUT 65 YEARS,
OCCUPATION: SERVICE RETIRED R-07 SILICON
CITY INDORE (MADHYA PRADESH)
19. PYARELAL MALVIYA S/O MEHTAB JI, AGED
ABOUT 72 YEARS, OCCUPATION: SERVICE
RETIRED 24/2 SANGAM NAGAR LAXMANPURA
INDORE (MADHYA PRADESH)
20. ASHOK KUMAR SHUKLA S/O SHUKHDEV PRASAD
SHUKLAM, AGED ABOUT 67 YEARS,
OCCUPATION: SERVICE RETIRED 1-A VANDANA
NAGAR EXT. INDORE (MADHYA PRADESH)
21. RAMESH SINGH PANWAR S/O ZANDA SINGH JI
PANWAR, AGED ABOUT 65 YEARS, OCCUPATION:
SERVICE RETIRED M-47 VINA NAGAR SUKHLIYA
INDORE (MADHYA PRADESH)
22. SURENDRA KUMAR SURYAVANSHI S/O
MANGILAL, AGED ABOUT 62 YEARS,
OCCUPATION: SERVICE RETIRED 506, SEC-A
MAHALAXMI NAGAR INDORE (MADHYA
PRADESH)
23. RAMESH CHANDRA KUSHWAHA RAMSINGH
KUSHWAHA, AGED ABOUT 63 YEARS,
OCCUPATION: SERVICE RETIRED DEVI AHILYA
COLONY HATOD INDORE (MADHYA PRADESH)
24. NAGRAJAN RAGHU S/O K V NAGRAJAN, AGED
ABOUT 68 YEARS, OCCUPATION: SERVICE
RETIRED 3 SHIVSHAKTI NAGAR KANADIYA
ROAD INDORE (MADHYA PRADESH)
25. KAMAL KUMAR JAIN S/O BASNTILAL JAIN, AGED
ABOUT 68 YEARS, OCCUPATION: SERVICE
RETIRED 105, SUKHDEV NAGAR EXT NO. 01
AIRPORT ROAD INDORE (MADHYA PRADESH)
26. CHHAGANLAL S/O MANGILAL, AGED ABOUT 63
YEAR S, OCCUPATION: SERVICE RETIRED 1108
NEW GORI NAGAR INDORE (MADHYA PRADESH)
27. KRISHAN MURARI S/O BHERAJI, AGED ABOUT 68
YEARS, OCCUPATION: SERVICE RETIRED 3506-E
SUDAMA NAGAR INDORE (MADHYA PRADESH)
28. JAGDISH SINGH SONGARA S/O DAYAL SINGH
SONGARA, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED 51/1 SNEHLATA GANJ INDORE
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-05-2024
17:47:14
4
(MADHYA PRADESH)
29. J J THOMBRE S/O GOPAL RAO THOMBRE, AGED
ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED 100 FB SCHEME NO. 94 INDORE
(MADHYA PRADESH)
30. KISHAN BABU PUROHIT S/O MADAN GOPALJI
PUROHIT, AGED ABOUT 66 YEARS, OCCUPATION:
SERVICE RETIRED 78 PRAGTI NAGAR INDORE
(MADHYA PRADESH)
31. GOPALDAS SHARMA S/O MANGAL DAS SHARMA,
AGED ABOUT 71 YEARS, OCCUPATION: SERVICE
RETIRED 76 ONKAR MARG GANDHI NAGAR
INDORE (MADHYA PRADESH)
32. ARDHENDU SHEKHAR DAS S/O BIRENDRA NATH,
AGED ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 84-A BIJALI NAGAR BICHOLI HAPSI
ROAD INDORE (MADHYA PRADESH)
33. HUKUMCHAND S/O RAMJIVAN SHREEMALI,
AGED ABOUT 70 YEARS, OCCUPATION: SERVICE
RETIRED 103, SHARMA ENKLEV VANDANA
NAGAR INDORE (MADHYA PRADESH)
34. MADAN SHARAF S/O GANGA BISHAN SARAF,
AGED ABOUT 69 YEARS, OCCUPATION: SERVICE
RETIRED 58 PARICHARIKA NAGAR INDORE
(MADHYA PRADESH)
35. PRADEEP KALE S/O JANARDAN KALE, AGED
ABOUT 74 YEARS, OCCUPATION: SERVICE
RETIRED 1 A-SILVER OAKS COLONY ANNPURNA
ROAD INDORE (MADHYA PRADESH)
36. VINAY GODBOLE S/O D.S.GODBOLE, AGED ABOUT
62 YEARS, OCCUPATION: SERVICE RETIRED 17
GODBOLE COLONY ANNAPURNA ROAD INDORE
(MADHYA PRADESH)
37. RAMESHWAR SOLANKI S/O BHAGIRATH, AGED
ABOUT 67 YEARS, OCCUPATION: SERVICE
RETIRED GRAM BADOLIHOJ MURKHEDA
DEPALPUR (MADHYA PRADESH)
38. ANANDILAL THAKKAR S/O RAMESHWAR JI,
AGED ABOUT 63 YEARS, OCCUPATION: SERVICE
RETIRED B-15/11 BASANT BIHAR UJJAIN
(MADHYA PRADESH)
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-05-2024
17:47:14
5
39. NARAYAN SINGH MEHRA S/O UDAY SINGH
MEHRA, AGED ABOUT 67 YEARS, OCCUPATION:
SERVICE RETIRED 13 SHREEJEE DHAM COLONY
RATLAM (MADHYA PRADESH)
40. SUBROTO RAI S/O ANIL PRASAD RAI, AGED
ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 117, VINAYAK TOWN SHIP
DEVGURADIYA INDORE (MADHYA PRADESH)
41. RAJENDRA KUMAR DUBE S/O GAJADHAR DUBE,
AGED ABOUT 63 YEARS, OCCUPATION: SERVICE
RETIRED 54 GOPUR COLONY INDORE (MADHYA
PRADESH)
42. AYUUB KHAN S/O ISMAIL KHAN, AGED ABOUT 65
YE A R S , OCCUPATION: SERVICE RETIRED 62
PATEL MARG RAJGAR DHAR (MADHYA
PRADESH)
43. HEMANT KUMAR PARETA S/O BASANT KUMAR
PARETA, AGED ABOUT 65 YEARS, OCCUPATION:
SERVICE RETIRED 402 SHREENATH KUNJ 28/3
SNEHLATAGANJ INDORE (MADHYA PRADESH)
44. MANOHAR LAL TOLANI S/O BHAGVANDAS, AGED
ABOUT 65 YEARS, OCCUPATION: SERVICE
RETIRED 29-B MISHRNAGAR ANNAPURNA
NAGAR INDORE (MADHYA PRADESH)
45. MAHESH KUMAR UPADHYAY S/O
LAXMINARAYAN, AGED ABOUT 64 YEARS,
OCCUPATION: SERVICE RETIRED 109-B SANGAM
NAGAR INDORE (MADHYA PRADESH)
46. BAGDIRAM MAKAVANA S/O NANDAJI
MAKAVANA, AGED ABOUT 66 YEARS,
OCCUPATION: SERVICE RETIRED 26-B SANJAY
NAGAR INDORE (MADHYA PRADESH)
47. ANIL KUMAR DESHPANDE S/O SH G.R.
DESHPANDE, AGED ABOUT 67 YEARS,
OCCUPATION: SERVICE RETIRED 60 AHILYA
NAGAR EXTN. ANNAPURNA ROAD INDORE
(MADHYA PRADESH)
48. MADHUBALA JATALE S/O SURESH CHANDRA
JATALE, AGED ABOUT 70 YEARS, OCCUPATION:
SERVICE RETIRED 415 SECT-A SUKHLIYA INDORE
(MADHYA PRADESH)
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-05-2024
17:47:14
6
49. CHANDRAPRAKSH PORWAL S/O SN PORWAL,
AGED ABOUT 64 YEARS, OCCUPATION: SERVICE
RETIRED 30 A GOPUR EX. INDORE (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI MAYANK SHARMA, ADVOCATE.)
AND
1. MANAGING DIRECTOR M.P. PASCHIM KSHETRA
VIDYUT VITRAN COMPANY LTD. G.P.H.
COMPOUND POLO GROUND INDORE (MADHYA
PRADESH)
2. CHIEF ENGINEER INDORE REGION MP PASCHIM
KSHETRA VIDYUT VITRAN COMPANY LTD. GPH
COMPOUND POLO GROUND INDORE (MADHYA
PRADESH)
3. CHIEF ENGINEER (UJJAIN REGION) MP PASCHIM
KSHETRA VIDYUT VITRAN COMPANY LTD. JYOTI
NAGAR UJJAIN (MADHYA PRADESH)
4. JOINT SECRETARY III MP PASCHIM KSHETRA
VIDYUT VITRAN COMPANY LTD. GPH
COMPOUND POLO GROUND INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENT / STATE BY SHRI MUKESH PARWAL, GOVERNMENT
ADVOCATE.)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
By the instant petition, the petitioner is claiming that although petitioners
stood retired on 30.06.2006, 30.06.2007, 30.06.2008, 30.06.2009, 30.06.2010,
30.06.2011, 30.06.2021, 30.06.2014, 30.06.2015, 30.06.2016, 30.06.2017,
30.06.2020, 30.06.2022 and 30.06.2023 respectively and the annual increment
was to be added on 1st of July of that year, but they were not granted the said
benefit.
2. Learned counsel for the petitioners 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 petitioners are 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 01.07.2006, 01.07.2007, 01.07.2008,
01.07.2009, 01.07.2010, 01.07.2011, 01.07.2021, 01.07.2014, 01.07.2015,
01.07.2016, 01.07.2017, 01.07.2020, 01.07.2022 and 30.06.2023 respectively
and recalculate the benefit of retiral dues and pension and issue fresh PPO in
favour of the petitioners 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
Divyansh
