Babulal Patidar vs The State Of Madhya Pradesh
2024 Latest Caselaw 14546 MP

Madhya Pradesh High Court

Babulal Patidar 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. 13002 of 2024

                          BETWEEN:-
                          BABULAL PATIDAR S/O NARAYAN PATIDAR, AGED
                          ABOUT 67 YEARS, OCCUPATION: RETIRED PIPARI,
                          DISTT. KHARGONE (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY SHRI VIKAS JAISWAL - ADVOCATE)

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

                          2.    ASSISTANT COMMISSIONER TRIBAL AFFAIRS
                                D EPARTM EN T DIST. KHARGONE (MADHYA
                                PRADESH)

                          3.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                                PENSIONS INDORE DIVISION, INDORE (MADHYA
                                PRADESH)

                          4.    DISTRICT TREASURY OFFICER DIST. KHARGONE
                                (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI S.R. SAXENA - ADDITIONAL ADVOCATE GENERAL )

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

1. The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction,

directing the respondents to grant him annual increment fell due on 1.07.2017. The petitioner retired from service on 30.6.2017, after attaining the age of superannuation.

2. Learned counsel for the petitioner submits that the issue involved in the present case has already been settled on 11.04.2023 by the Supreme Court recently in the case of Director (Admn. & HR) KPTCK & Others v/s C.P. Mundinamani & Others [Civil Appeal No.2471 of 2023 @ SLP (C) No.6185 of 2020] reported in 2023 LiveLaw (SC) 296, wherein it has been

held that the 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 petition is also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani (supra), the respondents are directed to grant the benefit of annual increment which was to be added with effect from 01.07.2017 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioner within a period of three months from the date of receipt of certified copy of this order. The petitioner is also entitled for arrears. PPO be accordingly revised.

4. With the aforesaid, Writ Petition stands allowed and disposed off. C.c. as per rules.

(PRANAY VERMA) JUDGE SS/-