Arun Patil vs State Of Madhya Pradesh
2024 Latest Caselaw 14815 MP

Madhya Pradesh High Court

Arun Patil vs 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. 13121 of 2024

                          BETWEEN:-
                          ARUN PATIL S/O LATE SHRI KHEMA PATIL, AGED
                          ABOUT 62 YEARS, OCCUPATION: CHIEF CLERK, R/O: A-
                          1, SANCHAR NAGAR EXT. KANADIA, INDORE (MADHYA
                          PRADESH)

                                                                               .....PETITIONER
                          (MR. AMAN PATIDAR - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, PUBLIC HEALTH &
                                FAMILY WELFARE DEPT. VALLABH BHAWAN,
                                BHOPAL (MADHYA PRADESH)

                          2.    STATE OF MADHYA PRADESH, JOINT DIRECTOR
                                DIRECTORATE OF M.P. HEALTH SERVICES,
                                VALLABH    BHAWAN,   BHOPAL    (MADHYA
                                PRADESH)

                          3.    STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, FINANCE DEPARTMENT,
                                VALLABH     BHAWAN,    BHOPAL   (MADHYA
                                PRADESH)

                          4.    COMMISSIONER PUBLIC HEALTH AND FAMILY
                                WELFARE DEPT. SATPURA BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          5.    CIVIL   SURGEON, JOINT CHIEF HOSPITAL
                                SUPERINTENDENT, DISTRICT HOSPITAL, INDORE
                                (MADHYA PRADESH)

                          6.    DIVISIONAL     PENSION    OFFICER, INDORE
                                DIVISION, INDORE (MADHYA PRADESH)

                                                                             .....RESPONDENTS
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 17-May-24
5:52:58 PM
                                                        2
                          (MS. GEETANJALI CHAURASIA - GOVERNMENT ADVOCATE)

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

T he 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 01.07.2024. The petitioner is going to be retired from service on 30.06.2024.

02. 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.

03. 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 01.07.2024.

04. With the aforesaid, Writ Petition stands allowed.

(PRANAY VERMA) JUDGE Anushree