Basantilal Patidar vs The State Of Madhya Pradesh
2024 Latest Caselaw 14993 MP

Madhya Pradesh High Court

Basantilal Patidar vs The State Of Madhya Pradesh on 20 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 20 th OF MAY, 2024
                                           WRIT PETITION No. 13604 of 2024

                           BETWEEN:-
                           1.    BASANTILAL PATIDAR S/O SHRI CHAPALAL
                                 PATIDAR, AGED ABOUT 75 YEARS, OCCUPATION:
                                 RETIRED VILLAGE KHEDA, TEH- BADNAWAR,
                                 DISTT.- DHAR (MADHYA PRADESH)

                           2.    SIRAJJUDIN S/O SHAKUR MOHAMMAD QURESHI,
                                 AGED ABOUT 75 YEARS, OCCUPATION: RETIRED
                                 15/2 JAWAHAR MARG, BADNAWAR, DISTRICT
                                 DHAR (MADHYA PRADESH)

                           3.    VIRENDRA SINGH S/O BHARATSINGH SOLANKI,
                                 AGED ABOUT 69 YEARS, OCCUPATION: RETIRED
                                 TEACHER COLONY, PRATAP NIWAS, BADNAWAR,
                                 DISTRICT DHAR (MADHYA PRADESH)

                           4.    KAILASHCHANDRA CHOUHAN S/O RAMRATAN
                                 CHOUHAN,    AGED    ABOUT    71   YEARS,
                                 OCCUPATION: RETIRED 50 GANPATI MARG,
                                 NOGAV, DISTRICT DHAR (MADHYA PRADESH)

                           5.    SHAMBHULAL S/O NANDRAM RATHOR, AGED
                                 ABOUT 63 YEARS, OCCUPATION: RETIRED GRAM
                                 BICHIYA, POST BADODIYA, TEHSIL SARDARPUR,
                                 DISTRICT DHAR (MADHYA PRADESH)

                                                                              .....PETITIONERS
                           (BY SHRI PRAMOD KUMAR MITHA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE   PRINCIPAL    SECRETARY TO   THE
                                 GOVERNMENT      OF    MADHYA  PRADESH
                                 DEPARTMENT OF TRIBAL AFFAIRS VALLABH
                                 BHAWAN MANTRALAYA, BHOPAL (MADHYA
                                 PRADESH)

                           2.    THE   COMMISSIONER   OF   TRIBAL   AFFAIRS
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 20-05-2024
18:36:50
                                                          2
                                    GOVERNMENT OF MADHYA PRADESH, SATPURA
                                    BHAWAN, BHOPAL (MADHYA PRADESH)

                           3.       ASSISTANT COMMISSIONER OF TRIBAL AFFAIRS
                                    DISTRICT DHAR (MADHYA PRADESH)

                           4.       THE DISTRICT PENSION            OFFICER DISTRICT
                                    DHAR (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                           ( BY SHRI KAUSTUBH PATHAK - GOVT. ADVOCATE)

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

1. By the instant petition, the petitioners are claiming that althoughthey

stood retired on 31.12.2009, 13.12.2011, 31.12.2016, 30.06.2015 and 30.06.2023 respectively, but the annual increment which fell due on 1st July of the last year of their service was not given to them.

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. V/s. C.P. Mundinamani & Ors.) by holding 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. Learned Govt. Advocate submits that the petitioners are not entitled for interest as they approached this Court after so many much delay.

4. 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 1st July of the said year when the petitioners stood retired and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioner (s) within a period of three months from the date of submitting copy of this Court.

5. With the aforesaid observation and direction, this petition stands allowed and disposed off.

(PRANAY VERMA) JUDGE ns