Smt. Uma Hardiya vs The State Of Madhya Pradesh
2024 Latest Caselaw 14816 MP

Madhya Pradesh High Court

Smt. Uma Hardiya 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. 13069 of 2024

                          BETWEEN:-
                          1.    SMT. UMA HARDIYA W/O SHRI MOHAN LAL
                                HARDIYA, AGED ABOUT 65 YEARS, OCCUPATION:
                                RTD. ASST. TEACHER, R/O: 42, PRAGATI NAGAR,
                                RAJENDRA NAGAR, INDORE, DIST. INDORE
                                (MADHYA PRADESH)

                          2.    SMT. JAYSHREE KAMBLE W/O SHRI SHRIDHAR
                                KAMBLE, AGED ABOUT 65 YEARS, OCCUPATION:
                                RTD. ASST. TEACHER, GOVT. GIRLS PRIMARY
                                SCHOOL NO. 29, RAJENDRA NAGAR INDORE
                                DIST. INDORE, R/O: 15, TIWARI NAGAR,
                                DHANWANTRI NAGAR, INDORE, DIST. INDORE
                                (MADHYA PRADESH)

                                                                              .....PETITIONERS
                          (MR. KISHORI LAL PUROHIT - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY SCHOOL EDUCATION DEPARTMENT
                                VALLABH    BHAWAN,  BHOPAL    (MADHYA
                                PRADESH)

                          2.    COMMISSIONER     PUBLIC INSTRUCTIONS
                                MADHYA PRADESH GAUTAM NAGAR, BHOPAL
                                (MADHYA PRADESH)

                          3.    JOINT DIRECTOR, PUBLIC INSTRUCTIONS
                                INDORE DIVISION, INDORE (MADHYA PRADESH)

                          4.    DISTRICT  EDUCATION    OFFICER SCHOOL
                                EDUCATION DEPARTMENT DISTRICT INDORE,
                                NEAR BADA GANPATI, INDORE (MADHYA
                                PRADESH)

                          5.    DIVISIONAL    PENSION    OFFICER INDORE
                                DIVISION   SATELLITE  BHAWAN,   INDORE
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 17-May-24
5:52:58 PM
                                                                2
                                 (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                          (MS. GEETANJALI CHAURASIA - 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 petitioners are 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