Pradeep Kumar vs The State Of Madhya Pradesh
2024 Latest Caselaw 14997 MP

Madhya Pradesh High Court

Pradeep Kumar 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. 12949 of 2024

                           BETWEEN:-
                           1.    PRADEEP KUMAR S/O LATE SHRI SITA RAM
                                 VERMA, AGED ABOUT 65 YEARS, OCCUPATION:
                                 RETIRED 7-B KALANI BAGH, B-SECTOR, DEWAS
                                 (MADHYA PRADESH)

                           2.    ABDUL S/O SHRI KASAM KHAN, AGED ABOUT 65
                                 YE A R S , OCCUPATION: RETIRED ADDRESS-43-
                                 B,JAI     SHRI   NAGAR,DEWAS(MP) (MADHYA
                                 PRADESH)

                                                                                     .....PETITIONERS
                           (BY SHRI HARSH YADAV - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH SECRETARY
                                 WATER RESOURCES DEPARTMENT VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    CHIEF ENGINEER MADHYA PRADESH WATER
                                 RECOURSE DEPARTMENT,WATER RECOURSE
                                 BHAWAN,TULSI NAGAR BHOPAL(MP) (MADHYA
                                 PRADESH)

                           3.    CHIEF      ENGINEER WATER   RECOURSE
                                 DEPARTMENT,UDIYAN      MARG,UJJAIN(MP)
                                 (MADHYA PRADESH)

                           4.    EXECUTIVE    ENGINEER WATER          RECOURSE
                                 DEPARTMENT,TARANI   COLONY          DEWAS(MP)
                                 (MADHYA PRADESH)

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

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

Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 20-05-2024
18:36:50
                                                                 2
                           following:
                                                                 ORDER

The issue involved in this writ petition has already been decided by this Court in W.P. No.2628/2023 (Bashant Kumar Rai Vs. State of M.P.) decided on 02.05.2023. The order dated 02.05.2023 is reproduced below:-

''By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2015 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

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 KPTCL and Ors Vs. C.P. Mundinamani & Ors) whereinit has been held that benefit of annual increment which was to be added on 1of July every year shall be paid to the employee who got retired on 30 of June of the said year, therefore the present petitioner is also entitled to get the said benefit. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in case of C.P. Mundinamani (supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to oe.added with effect from 01.07.2015 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of three months from the date of submitting copy of this order.

With the aforesaid, the petition stands allowed.'' In view of above, the Writ Petition is disposed off. The order passed in

the case of Bashant Kumar Rai (supra) shall apply mutandis mutatis in the present case also.

(PRANAY VERMA) JUDGE ns