Vinay Singh Chohan vs State Of Mp Through Its Secretary
2024 Latest Caselaw 15172 MP

Madhya Pradesh High Court

Vinay Singh Chohan vs State Of Mp Through Its Secretary on 21 May, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                  ON THE 21 st OF MAY, 2024
                                              WRIT PETITION No. 13529 of 2024

                           BETWEEN:-
                           VINAY SINGH CHOHAN S/O SHRI HEERALAL CHOHAN,
                           AGED ABOUT 69 YEARS, OCCUPATION: ASST. GOVT.
                           TEACHER LIMBODA TEH. KHILCHIPUR DIST. RAJGARH
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY MS. TRAPTI SONI, LADVOCATE)

                           AND
                           1.    STATE OF     MP THROUGH ITS SECRETARY
                                 MINISTRY     OF EDUCATION  DEPARTMENT
                                 VALLABH      BHAWAN, BHOPAL   (MADHYA
                                 PRADESH)

                           2.    DISTRICT EDUCATION DEPARTMENT DISTRICT
                                 RAJGADH M.P. (MADHYA PRADESH)

                           3.    DIVISIONAL    PENSION    OFFICER DIVISION
                                 RAJGARH    DISTRICT   RAJGARH   (MADHYA
                                 PRADESH)

                           4.    DISTRICT TREASURY OFFICER DEPARTMENT OF
                                 TREASURY AND ACCOUNTS DISTRICT- RAJGARH
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. HARSHLATA SONI, G.A.)

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

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2017 and the annual increment was to be added on 1st of July

of that year, but he was not granted the said benefit.

2. 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 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 petitioner is 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 01/07/2017 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 Court.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE krjoshi