Jagannath vs The State Of Madhya Pradesh
2024 Latest Caselaw 14545 MP

Madhya Pradesh High Court

Jagannath vs The State Of Madhya Pradesh on 16 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 16 th OF MAY, 2024
                                             WRIT PETITION No. 13034 of 2024

                          BETWEEN:-
                          JAGANNATH S/O SHRI RAMLAL RATHOD, AGED ABOUT
                          65  YEARS, OCCUPATION: RETIRED, R/O: RURAL
                          AGRICULTURE DEVELOPMENT OFFICER, BLOCK
                          GOGAONVA, DISST. KHARGOAN (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY MR. S.M. PORWAL - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH DIRECTOR,
                                FARMER    WALFARE   AND    AGRICULTURE
                                DEVELOPMENT    2ND    FLOOR    C   WING
                                VINDHYACHAL BHAWAN, ARERA HILLS, BHOPAL
                                (MADHYA PRADESH)

                          2.    THE JOINT DIRECTOR, FARMER WELFARE AND
                                AGRICULTURE DEPARTMENT, INDORE DIVISION,
                                DIST. INDORE (MADHYA PRADESH)

                          3.    DISTRICT PENSION AND TREASURY OFFICER,
                                DIST. KHARGOAN (MADHYA PRADESH)

                          4.    THE DEPUTY DIRECTOR, FARMER WELFARE AND
                                AGRICULTURE      DEPARTMENT, KHARGONE,
                                DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY MS. GEETANJALI CHOURASIA - GOVERNMENT ADVOCATE)

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

By the instant petition, the petitioners are claiming that although he stood

retired on 30.06.2021 and the annual increments were 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 KPTCK 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

Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2021 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 Court.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE Anushree