Mahesh Mehta vs Managing Director
2024 Latest Caselaw 14506 MP

Madhya Pradesh High Court

Mahesh Mehta 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. 12926 of 2024

                           BETWEEN:-
                           MAHESH MEHTA S/O LATE BANSHIDHAR MEHTA,
                           AGED ABOUT 63 YEARS, OCCUPATION: SERVICE
                           (RETIRED) 72, TEJAJI NAGAR, KHANDWA ROAD,
                           INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI MAYANK SHARMA, ADVOCATE.)

                           AND
                           1.    MANAGING     DIRECTOR    M.P.   POWER
                                 TRANSMISSION   COMPANY   LTD.   SHAKTI
                                 BHAWAN,   RAMPUR,  JABALPUR   (MADHYA
                                 PRADESH)

                           2.    CHIEF ENGINEER M.P. POWER TRANSMISSION
                                 COMPANY            LTD.          SHAKTI
                                 BAHWAN,RAMPUR,JABALPUR(MP)482008
                                 (MADHYA PRADESH)

                           3.    EXECUTIVE        ENGINEER M.P.   POWER
                                 TRANSMISSION     COMPANY    LTD.   GPH
                                 COMPOUND,POLO -GROUND,INDORE(MP)452015
                                 (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 he stood retired on 30.06.2022 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 01.07.2022 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 Divyansh