Babu Singh Solanki vs Surendra Singh Chawada
2024 Latest Caselaw 15181 MP

Madhya Pradesh High Court

Babu Singh Solanki vs Surendra Singh Chawada 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. 13654 of 2024

                           BETWEEN:-
                           1.    BABU SINGH SOLANKI S/O SHRI MAN SINGH
                                 SOLANKI, AGED ABOUT 73 YEARS, OCCUPATION:
                                 RTD. DEPUTY RANGER, H. NO.144, RADHA
                                 CHANDRA NAGAR, MAKSI ROAD DEWAS DISTT.
                                 DEWAS (MADHYA PRADESH)

                           2.    SURENDRA SINGH      CHAWADA S/O     SHRI
                                 BAHADUR SINGH CHAWADA, AGED ABOUT 73
                                 YEARS, OCCUPATION: RTD. RANGER OFFICE OF
                                 THE VAN MANDAL ADHIKARI VAN MANDAL
                                 RATLAM, DISTT. RATLAM H.NO.45, JAMANA
                                 NAGAR, MAKSI ROAD, DEWAS, DISTT. DEWAS
                                 (MADHYA PRADESH)

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

                           AND
                           1.    SURENDRA SINGH      CHAWADA S/O    SHRI
                                 BAHADUR SINGH CHAWADA, AGED ABOUT 73
                                 YEARS, OCCUPATION: RTD. RANGER H. NO. 45,
                                 JAMANA NAGAR, MAKSI ROAD, DEWAS DISTT.
                                 DEWAS (MADHYA PRADESH)

                           2.    PRINCIPAL CHIEF CONSERVATOR OF FOREST
                                 FOREST    DEPARTMENT SATPUDA BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           3.    CHIEF CONSERVATOR    OF FOREST UJJAIN
                                 CIRCLE, UJJAIN DISTT. UJJAIN (MADHYA
                                 PRADESH)

                           4.    VAN MANDAL ADHIKARI VAN          MANDAL
                                 GENERAL DEWAS DISTT. DEWAS      (MADHYA
                                 PRADESH)

                           5.    VAN MANDAL ADHIKARI VAN MANDAL RATLAM
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 5/21/2024
6:16:50 PM
                                                            2
                                     DISTT. RATLAM (MADHYA PRADESH)

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

                                     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 petitioners are 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