Girish Kumar Joshi vs State Of M.P.
2024 Latest Caselaw 15421 MP

Madhya Pradesh High Court

Girish Kumar Joshi vs State Of M.P. 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. 12750 of 2024

                           BETWEEN:-
                           GIRISH KUMAR JOSHI S/O LEHRILAL JOSHI, AGED
                           ABOUT 67 YEARS, OCCUPATION: RETIRED R/O: GM7
                           ANUPAM NAGAR, SCHEME NO. 54, VIJAY NAGAR,
                           INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI KARPE PRAKHAR MOHAN - ADVOCATE)

                           AND
                           1.    STATE OF M.P. THROUGH PRINCIPAL SECRETARY
                                 COMMERCIAL TAX DEPARTMENT MANTRALAY,
                                 VALLABH     BHAWAN,    BHOPAL    (MADHYA
                                 PRADESH)

                           2.    C O M M I S S I O N E R COMMERCIAL              TAX
                                 D EPARTM EN T DIVISION INDORE,               INDORE
                                 (MADHYA PRADESH)

                           3.    DISTRICT PENSION OFFICER DIRECTORATE OF
                                 PENSION INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. GEETANJALI CHAURASIA - 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 30.06.2017 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 01.07.2017 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 Shilpa