Sushila Katara vs The State Of Madhya Pradesh
2024 Latest Caselaw 15428 MP

Madhya Pradesh High Court

Sushila Katara vs The State Of Madhya Pradesh on 22 May, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                  ON THE 22 nd OF MAY, 2024
                                              WRIT PETITION No. 12766 of 2024

                           BETWEEN:-
                           SUSHILA KATARA, AGED ABOUT 65 YEARS,
                           OCCUPATION: RETIRED SUYOG PARISAR RATLAM
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI SUKH LAL GWALIORY, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRAMUKH
                                 SACHIV AADIMJATI KALYAN VIBHAG RAJYA
                                 MANTRALAYA, BHOPAL (MADHYA PRADESH)

                           2.    SHRIMAN AAYUKT MAHODAYA JANJATI KARYA
                                 VIBHAG SATPURA BHAWAN, BHOPAL (MADHYA
                                 PRADESH)

                           3.    SHRIMAN    SAHAYAK AAYUKT MAHODAYA
                                 JANJATI   KARYA   VIBHAG COLLECTORATE
                                 PARISAR, IIND FLOOR, JHABUA (MADHYA
                                 PRADESH)

                           4.    SHRIMAN PENSION SAMVITRAN ADHIKARI JILA
                                 PENSION    KARYALAYA JHABUA   (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (MS. HARSHLATA SONI, GOVT. ADVOCATE)

                                 T h is petition coming on for order this day, t h e cou rt 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.

(SUBODH ABHYANKAR) JUDGE das