Bajrang Singh Sisodiya vs The State Of Madhya Pradesh Through ...
2024 Latest Caselaw 15420 MP

Madhya Pradesh High Court

Bajrang Singh Sisodiya vs The State Of Madhya Pradesh Through ... on 22 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 22 nd OF MAY, 2024
                                           WRIT PETITION No. 13993 of 2024

                           BETWEEN:-
                           1.    BAJRANG SINGH SISODIYA S/O LATE SHRI
                                 JAGNNATH SINGH, AGED ABOUT 65 YEARS,
                                 OCCUPATION: RTD. A.S.I. POLICE, M.P. GOVT.
                                 POLICE (RAIL) INDORE R/O SHRINAGAR
                                 COLONY, SHUJALPUR MANDI, DIST. SHAJAPUR
                                 (MADHYA PRADESH)

                           2.    VISHWANATH TIWARI S/O SHRI RAM NARESH
                                 TIWARI, AGED ABOUT 65 YEARS, OCCUPATION:
                                 RETD. HEAD CONSTABLE M.P. GOVT. POLICE
                                 (RAIL) INDORE R/O N- 576 D PRAJAPAT NAGAR,
                                 DWARAKAPURI,     DIST.   INDORE   (MADHYA
                                 PRADESH)

                           3.    JAI PRAKASH TIWARI S/O LATE SHRI FAKIR
                                 CHAND TIWARI, AGED ABOUT 65 YEARS,
                                 OCCUPATION: RTD. A.S.I. POLICE, M.P. GOVT.
                                 POLICE (RAIL) INDORE, R/O N-115, SUBHANGAN
                                 OMEX CITY I, INDORE DIST. INDORE (MADHYA
                                 PRADESH)

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

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY HOME DEPARTMENT
                                 VALLABH    BHAWAN,  BHOPAL  (MADHYA
                                 PRADESH)

                           2.    SUPERINTENDENT OF POLICE (RAIL) INDORE
                                 UNIT CHHOTI GWALTOLI, INDORE DIST. INDORE
                                 (MADHYA PRADESH)

                           3.    DIVISIONAL     PENSION    OFFICER INDORE
                                 DIVISION SETTELITE BHAWAN, COLLECTORATE
                                 INDORE DIST. INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 22-05-2024
17:37:52
                                                                  2
                           4.     DISTRICT TREASURY OFFICER DIST. INDORE
                                  (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (BY SHRI SUDARSHAN JOSHI - 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 30.06.2021 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 01.07.2021 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

jyoti