Smt. Meena Billore vs State Of M.P. Through Principal ...
2024 Latest Caselaw 15174 MP

Madhya Pradesh High Court

Smt. Meena Billore vs State Of M.P. Through Principal ... on 21 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 21 st OF MAY, 2024
                                            WRIT PETITION No. 13111 of 2024

                          BETWEEN:-
                          SMT. MEENA BILLORE W/O SHRI KAILASH CHANDRA
                          BILLORE, AGED ABOUT 74 YEARS, OCCUPATION: RETD.
                          HEAD MASTER GOVT. GIRLS MIDDLE SCHOOL NO.30
                          SUBHASHCHOUK, INDORE, R/O: 32, SARSWATI NAGAR,
                          ANNAPURNA ROAD, INDORE, DIST. INDORE (MADHYA
                          PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI K.L. PUROHIT - ADVOCATE)

                          AND
                          1.    STATE OF M.P. THROUGH PRINCIPAL SECRETARY
                                PRINCIPAL SECRETARY SCHOOL EDUCATION
                                DEPARTMENT VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          2.    COMMISSIONER PUBLIC INSTRUCTIONS M.P.
                                GOUTAM NAGAR, BHOPAL (MADHYA PRADESH)

                          3.    JOINT     DIRECTOR PUBLIC   INSTRUCTIONS
                                INDORE DIVISION INDORE (MADHYA PRADESH)

                          4.    DISTRICT EDUCATION  OFFICER   SCHOOL
                                EDUCATION DEPARTMENT DISTRICT INDORE
                                NEAR BADA GANPATI, INDORE (MADHYA
                                PRADESH)

                          5.    DIVISIONAL     PENSION     OFFICER INDORE
                                DIVISION SATELLITE BHAWAN, COLLECTORATE,
                                INDORE (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI TRUN KUSHWAH - GOVERNMENT ADVOCATE)

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

Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 22-May-24
10:09:24 AM
                                                               2
                          following:
                                                               ORDER

By the instant petition, the petitioner is claiming that although she stood

retired on 31.12.2011 and the annual increment was to be added on 1 s t of January of next year, but she 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 KPTCL 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/1st of January every year shall

be paid to the employee who got retired on 30th of June/31st of December 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 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 be added with effect from 01.01.2012 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.

4. With the aforesaid, the petition stands allowed.

(PRANAY VERMA) JUDGE Anushree