Dr. Vinod Kumar Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 15173 MP

Madhya Pradesh High Court

Dr. Vinod Kumar Gupta vs The State Of Madhya Pradesh 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. 13500 of 2024

                           BETWEEN:-
                           1.    DR. VINOD KUMAR GUPTA S/O SHRI B.M. GUPTA,
                                 AGED ABOUT 70 YEARS, OCCUPATION: RTD.
                                 MEDICAL SPECIALIST 28, ARJUN NAGAR,
                                 UDAYAN MARG, UJJAIN DISTT. UJJAIN (MADHYA
                                 PRADESH)

                           2.    DR. PRADEEP VYAS S/O LATE SHRI RADHE LAL
                                 VYAS, AGED ABOUT 70 YEARS, OCCUPATION:
                                 RTD. EYE SPECIALIST DISTRICT HOSPITAL,
                                 UJJAIN DIST. UJJAIN B-2/3, MAHAKAL VANIJYA
                                 KENDRA, NANAKHEDA UJJAIN DIST. UJJAIN
                                 (MADHYA PRADESH)

                                                                               .....PETITIONERS
                           (BY SHRI KISHORI LAL PUROHIT, ADVOCATE)

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

                           2.    REGIONAL       DIRECTOR HEALTH SERVICES
                                 MADHAV NAGAR HOSPITAL CAMPUS, UJJAIN
                                 DIST. UJJAIN (MADHYA PRADESH)

                           3.    CHIEF MEDICAL AND HEALTH OFFICER
                                 DISTRICT UJJAIN (MADHYA PRADESH)

                           4.    CIVIL SURGEON DISTRICT HOSPITAL UJJAIN
                                 (MADHYA PRADESH)

                           5.    DIVISIONAL PENSION OFFICER UJJAIN DIVISION
                                 BHARATPURI UJJAIN (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                           (BY MS. HARSHLATA SONI, G.A.)
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 5/21/2024
6:16:50 PM
                                                                   2
                                     This petition coming on for admission this day, th e court passed the
                           following:
                                                                   ORDER

B y the instant petition, the petitioners are claiming that although they stood retired on 30/06/2019 and the annual increment was to be added on 1st of July of that year, but they were 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 01/07/2019 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.

(SUBODH ABHYANKAR) JUDGE krjoshi