Madhya Pradesh High Court
Rammitra Dwivedi vs The State Of Madhya Pradesh on 21 May, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 21 st OF MAY, 2024
WRIT PETITION No. 13057 of 2024
BETWEEN:-
1. RAMMITRA DWIVEDI S/O SHRI DEVENDRA
PRASAD DWIVEDI, AGED ABOUT 62 YEARS,
OCCUPATION: RETIRED ON THE POST OF
ASSISTANT TEACHER FROM GOVT MARTAND
HIGHER SECONDARY SCHOO NO 3 REWA
DISTRICT REWA MP (MADHYA PRADESH)
2. SHYAM NARAYAN SHARMA S/O SHRI
KAMALBHAN PRASAD DWIVEDI, AGED ABOUT 53
YE A R S , OCCUPATION: PRINCIPAL DISTRICT
INSTITUTE OF EDUCATIONAL TRAINING REWA
R/O GUDAHAR DISTRICT REWA (MADHYA
PRADESH)
3. BRIJENDRA KUMAR SHUKLA S/O SHRI
DAMODAR PRASAD SHUKLA, AGED ABOUT 62
YEAR S, POSTED AS UDT IN GOVT C.M. RISE
PRAVEEN KUMARI HIGHER SECONDARY
SCHOOL REWA MOB NO 99810246709 (MADHYA
PRADESH)
4. RAVISHANKAR TIWARI S/O LATE SHRI MITHILA
PRASAD TIWARI, AGED ABOUT 62 YEARS,
OCCUPATION: POSTED AS UDT IN GOVT H.S.S.
KARAHIYA I SANKUL KENDRA GOVT H.S.S.
MARTAND NO 2 REWA REWA MOB NO 9179707645
(MADHYA PRADESH)
5. CHANDRA KRITI PANDEY S/O LATE SHRI GANGA
PRASAD PANDEY OCCUPATION: POSTED
ASSISTANT TEACHER RETIRED FROM GOVT
MIDDLE SCHOOL SALAYA GOVT MIDDLE
SANKUL GOVT H.S. SCHOOL JARAVI DISTRICT
REWA MOB NO 8085412030 (MADHYA PRADESH)
6. RAM BHAJAN GUPTA S/O LATE SHRI RAM
PIYARE GUPTA, AGED ABOUT 63 YEARS,
OCCUPATION: POSTED AS LECTURER RETIRED
FROM C.M. RISE BOYS GOVT H.S. SCHOOL
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 5/22/2024
7:22:23 PM
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MANIGAWAN DISTRICT REWA SANKUL GOVT
GIRLS H.S.S. MANEGAON DISTRICT REWA MOB
9131434309 (MADHYA PRADESH)
7. RAGHURAI PRASAD HARIJAN (CHARMKAR) S/O
LATE SHRI MUDI PRASAD HARIJAN, AGED
ABOUT 62 YEARS, OCCUPATION: POSTED AS
HEAD MASTER IN GOVT MIDDLE SCHOOL
MANIKWAR NO 2 SANKUL GOVT HIGH SCHOOL
SURSA DISTRICT REWA MOB NO 7999505062
(MADHYA PRADESH)
8. RAMAKANT DUBEY S/O SHRI RAM GOPAL
DUBEY, AGED ABOUT 62 YEARS, RETD ASSISTANT
TEACHER GOVT MIDDLE SCHOOL MAUDHIYA
SANKUL GOVT H.S. SCHOOL MAHSAWN
DISTRICT REWA (MADHYA PRADESH)
9. RAM SHARAN TIWARI S/O LATE KEMLA PRASAD
TIWARI, AGED ABOUT 62 YEARS, POSTED AS
PEON HIGH SCHOOL REWA GHOGHAR REWA
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI RAJ KUMAR TRIPATHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT GOVERNMENT OF MADHYA
PRADESH MANTRALAYA VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. COMMISSIONER PUBLIC INSTRUCTIONS
GAUTAM NAGAR BHOPAL BHOPAL (MADHYA
PRADESH)
3. DISTRICT EDUCATION OFFICER, REWA DISTRICT
REWA (MADHYA PRADESH)
4. JOINT DIRECTOR TREASURY AND ACCOUNTS
REWA DIVISION REWA (MADHYA PRADESH)
5. DIVISIONAL PENSION OFFICER R EWA DIVISION
SILPI PLAZA REWA (MADHYA PRADESH)
6. SANKUL PRINCIPAL, GOVT MARTAND HIGHER
SECONDARY SCHOOL NO 3 REWA DISTRICT
REWA (MADHYA PRADESH)
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 5/22/2024
7:22:23 PM
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7. SANKUL PRINCIPAL, GOVT MARTAND 2 HIGHER
SECONDARY SCHOOL NO 3 REWA DISTRICT
REWA (MADHYA PRADESH)
8. SANKUL PRINCIPAL GOVT HIGHER SECONDARY
SCHOOL JORAURI DISTRICT REWA (MADHYA
PRADESH)
9. SANKUL PRINCIPAL, GOVT HIGH SCHOOL SURSA
DISTRICT REWA (MADHYA PRADESH)
10. SANKUL PRINCIPAL, GOVT GIRLS HIGHER
SECONDARY SCHOOL MANIGAWAN DISTRICT
REWA (MADHYA PRADESH)
11. SANKUL PRINCIPAL, GOVT HIGHER SECONDARY
SCHOOL MAHSAO REWA DISTRICT REWA
(MADHYA PRADESH)
12. SANKUL PRINCIPAL C.M. RISE GOVERNMENT
P.K. HIGHER S SCHOOL REWA REWA` (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SUYASH THAKUR - GOVERNMENT ADVCOATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners' contention is that petitioners have superannuated on
30.06.2023 and some of the petitioners are due to retire on 30.06.2024,
therefore, they are entitled to grant of annual increment.
Hon'ble the Supreme Court in the case of the Director (Admn. and
HR) KPTCL and others Vs. C.P. Mundinamani and others (Civil Appeal
No.4349/2023), reported in 2023 SCC Online SC 401 it is held thus :-
"21. In view of the above and for the reasons stated above,
the Division Bench of the High Court has rightly directed the
appellants to grant one annual increment which the original writ
petitioners earned on the last day of their service for rendering
their services preceding one year from the date of retirement with
good behaviour and efficiently. We are in complete agreement with
the view taken by the Division Bench of the High Court. Under the
circumstances, the present appeal deserves to be dismissed and is
accordingly dismissed. However, in the facts and circumstances of
the case, there shall be no order as to costs."
The same has been relied upon in the case of Madhya Pradesh Power
Transmission Com. Ltd. and another vs. S.R. Ramchandran and others
(SLP (C) No.8219/2020) and the Supreme Court has held thus :-
" M r . Nataraj, learned Additional Solicitor General
appearing on behalf of the appellant's seeks to distinguish this
authority by pointing out that Regulation 40(1) of the Karnataka
Electricity Board Employees Service Regulations, 1997 is different
from Rule 10 of CCS (Revised Pay) Rules,2008 as also Rule 9 of the
Madhya Pradesh (Pay Revision) Rules, 2009 and Rule 10 of
Railway Services (Revised Pay) Rules,2008.
We have gone through these rules and in our opinion,
though these Rules are differently phrased, they have the same
import, on the strength of which the Co-ordinate Bench had
dismissed the petition of the employer. In these circumstances, we
are not inclined to interfere with the orders assailed in this set of
petitions and these petitions shall stand dismissed."
Considering the aforesaid and taking note of the judgments passed by the
Supreme Court in case of C.P. Mundinamani (supra) and S.R.
Ramchandran (supra), this petition is allowed, directing the respondents to
grant the benefit of annual increment which is to be added with effect from
01.07.2023 and 01.07.2024 respectively, as the case may be, and recalculate the
benefit of retiral dues and pension and issue PPO in favour of the petitioners
who are to retire on 30.06.2023 and 30.06.2024 respectively within a period of
three months from the date of submitting copy of this order.
With the aforesaid, the petition stands allowed.
(VIVEK AGARWAL)
JUDGE
MTK
