Mohanlal Harwal vs The State Of Madhya Pradesh
2024 Latest Caselaw 14505 MP

Madhya Pradesh High Court

Mohanlal Harwal vs The State Of Madhya Pradesh 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. 13082 of 2024

                           BETWEEN:-
                           MOHANLAL HARWAL S/O SHRI RATICHAND JI
                           HARWAL, AGED ABOUT 63 YEARS, OCCUPATION: RETD.
                           ASSIT. TEACHER JAWAHAR MARG, AMBEY MATA
                           CHOWK, TEHSIL THANDLA, DISTRICT 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.    DISTRICT    TREASURY               OFFICER JHABUA
                                 (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                           (BY MS. HARSHLATA SONI - P.L./G.A. )

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

B y the instant petition, the petitioner is claiming that although he/she stood retired on 30.06.2023 and the annual increment was to be added on 1st of July of that year, but he/she 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 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 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 01.07.2023 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.

(SUBODH ABHYANKAR) JUDGE Pankaj