Shri Santosh Kumar Shrivastava vs The State Of Madhya Pradesh
2024 Latest Caselaw 14814 MP

Madhya Pradesh High Court

Shri Santosh Kumar Shrivastava vs The State Of Madhya Pradesh on 17 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 17 th OF MAY, 2024
                                              WRIT PETITION No. 13376 of 2024

                          BETWEEN:-
                          SHRI SANTOSH KUMAR SHRIVASTAVA S/O LATE SHRI
                          R.K. SHRIVASTAVA, AGED ABOUT 65 YEARS,
                          OCCUPATION: RETIRED GOVERNMENT SERVANT, R/O:
                          F-1 RADIO COLONY, INDORE (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI NITIN JOSHI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY, PUBLIC HEALTH ENGINEERING
                                DEPARTMENT, VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          2.    ENGINEER   IN   CHIEF    PUBLIC   HEALTH
                                ENGINEERING          DEPARTMENT, SATPURA
                                BHAVAN, BHOPAL M.P. (MADHYA PRADESH)

                          3.    DISTRICT     TREASURY   OFFICER, DISTRICT
                                INDORE M.P. (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (SHRI A.S. PARIHAR - GOVERNMENT ADVOCATE)

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

By the instant petition, the petitioner is claiming that although he stood

retired on 30.06.2021 and the annual increment was to be added on 1st of July of that year, but he 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 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 petitioner in consonance with the provisional pension which is being paid to him within a period of three months from the date of submitting copy of this Court. The petitioner shall also be entitled to interest @ 6% per annum over the aforesaid arrears of pension from the date the arrears became due till the date of payment.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE Anushree