Laxmi Narayan Ahirwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 15410 MP

Madhya Pradesh High Court

Laxmi Narayan Ahirwar vs The State Of Madhya Pradesh on 22 May, 2024

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VINAY SARAF
                                                ON THE 22 nd OF MAY, 2024
                                             WRIT PETITION No. 13901 of 2024

                           BETWEEN:-
                           LAXMI NARAYAN AHIRWAR S/O LATE SHRI
                           RAMCHARAN AHIRWAR, AGED ABOUT 62 YEARS,
                           OCCUPATION: RETIRED ASSISTANT TEACHER GOVT
                           PRIMARY SCHOOL MUHAL COLONY DISTRICT GUNA
                           MP SANKUL KENDRA GOVT HIGHER SECONDARY
                           SCHOOL PARWAH VIKASKHAND BAMORI DISTRICT
                           GUNA DDO BEO BAMORI DISTRICT GUNA MP R/O 37
                           GOPALPURA CANTT DISTRICT GUNA MP (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI NEERAJ SHRIVASTAVA- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY SCHOOL SIKSHA VIBHAG
                                 VALLABH     BHAWAN,   BHOPAL    (MADHYA
                                 PRADESH)

                           2.    JILA  SHIKSHA      ADHIKARI GUNA      (MADHYA
                                 PRADESH)

                           3.    AAHRAN SAVITRAN ADHIKARI (D.D.O.) B.E.O.
                                 BAMORI GUNA (MADHYA PRADESH)

                           4.    JILA  PENSION      ADHIKARI GUNA      (MADHYA
                                 PRADESH)

                           5.    JILA KOSALAY       ADHIKARI GUNA      (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI S.S. KUSHWAHA- GOVERNMENT ADVOCATE FOR
                           RESPONDENT/STATE)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 22-05-2024
06:48:21 PM
                                                                  2
                           following:
                                                                  ORDER

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

retired on 30.06.2023 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

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 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.

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 01.07.2023 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.

With the aforesaid direction, the present petition is allowed.

(VINAY SARAF) JUDGE Vishal