Citation : 2024 Latest Caselaw 15412 MP
Judgement Date : 22 May, 2024
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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. 13989 of 2024
BETWEEN:-
1. ANMOL SINGH RAGHUVANSHI S/O SHRI OMKAR
SINGH RAGHUVANSHI, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED R/O ROSAR JAGIR,
VILLAGE CHHAILAI, DISTRICT ASHOKNAGAR
(MADHYA PRADESH)
2. LAXMAN SINGH S/O SHRI RAMNARAYAN SINGH
RAGHUVANSHI, AGED ABOUT 65 YEARS,
OCCUPATION: RETIRED R/O VYAS COLONY
GULABGANJ CANTT. GUNA, (MADHYA PRADESH)
3. RAMESH KUMAR S/O PRASADI LAL JATAV, AGED
ABOUT 64 YEARS, OCCUPATION: RETIRED R/O
PURANI NAGAR PALIKA MASJID KE PICHHE
GHOSIPURA, GUNA (MADHYA PRADESH)
4. DWARIKA PRASAD SHARMA S/O SHRI KRISHAN
SHARMA, AGED ABOUT 66 YEARS, OCCUPATION:
RETIRED R/O WARD NO. 36 SHRINATH GARDEN
ROAD SAINIK VIHAR COLONY, CANTT. GUNA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AYUSH KAUSHIK - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY, DEPARTMENT OF
HOME, MANTRALAYA, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
HEAD QUARTER S JANHAGEERABAD BHOPAL
(MADHYA PRADESH)
3. ADDITIONAL DIRECTOR GENERAL (S.A.F) POLICE
HEAD QUARTER S JANHAGEERABAD BHOPAL
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 22-05-2024
06:48:21 PM
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(MADHYA PRADESH)
4. COM M ANDANT, 26TH BATTALION, SAF GUNA,
DISTRICT GUNA (MADHYA PRADESH)
5. JOINT DIRECTOR DIRECTORATE OF TREASURY
AND ACCOUNTS AND PENSION GWALIOR
CHAMBAL DIVISION HARI SHANKARPURAM,
NAKA CHANDRA VADANI, GWALIOR (MADHYA
PRADESH)
6. DISTRICT PENSION OFFICER, GUNA DISTRICT
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
following:
ORDER
By the instant petition, the petitioners are claiming that although they s t o o d retired on 30.06.2022, 30.06.2021, 30.06.2022 and 30.06.2020
respectively and the annual increment was to be added on 1s t of July of that year, but they were 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 petitioners are 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 01.07.2022, 01.07.2021, 01.07.2022 and 01.07.2020 respectively 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 order.
With the aforesaid direction, the present petition is allowed.
(VINAY SARAF) JUDGE Vishal
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