Laxmansingh Bamaniya vs The State Of Madhya Pradesh
2024 Latest Caselaw 15197 MP

Madhya Pradesh High Court

Laxmansingh Bamaniya vs The State Of Madhya Pradesh 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. 13710 of 2024

                          BETWEEN:-
                          LAXMANSINGH BAMANIYA S/O SHRI VEERSINGH,
                          AGED   ABOUT     66 YEARS, OCCUPATION: RETD.
                          PRINCIPLE, R/O: GRAM BHAMARDA, TEH. JHABUA,
                          DISTRICT JHABUA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (MS. RANJANA GAWADE - ADVOCATE)

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

                          2.    ASSISTANT  COMMISSIONER TRIBAL OFFICE
                                DEPARTMENT, JHABUA (MADHYA PRADESH)

                          3.    BLOCK EDUCATION OFFICER, JHABUA (MADHYA
                                PRADESH)

                          4.    DISTRICT   TREASURY               OFFICER, JHABUA
                                (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (MR. TARUN KUSHWAH - GOVERNMENT ADVOCATE)

                                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 30.06.2019 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 01.07.2019 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.

(PRANAY VERMA) JUDGE Anushree