Citation : 2024 Latest Caselaw 15199 MP
Judgement Date : 21 May, 2024
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. 13661 of 2024
BETWEEN:-
SATYA NARAYAN PANWAR S/O LATE SHRI AMBA LAL
PANWAR, AGED ABOUT 45 YEARS, OCCUPATION: RTD.
ASST. GRADE-2, R/O: 46, PAN GARIBA, KARTIK CHOUK,
UJJAIN, DIST. UJJAIN (MADHYA PRADESH)
.....PETITIONER
(SHRI KISHORI LAL PUROHIT - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY REVENUE DEPARTMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. C O L L E C T O R , DISTRICT UJJAIN (MADHYA
PRADESH)
3. TEHSILDAR, TEHSIL UJJAIN, UJJAIN (MADHYA
PRADESH)
4. DIVISIONAL PENSION OFFICER UJJAIN DIVISION
BHARATPURI, UJJAIN (MADHYA PRADESH)
5. DISTRICT TREASURY OFFICER DISTRICT UJJAIN,
KOTHI ROAD, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI 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 30.06.2009 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 01.07.2009 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
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