Babu Lal Kadam vs The State Of Madhya Pradesh
2024 Latest Caselaw 15429 MP

Madhya Pradesh High Court

Babu Lal Kadam 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. 12686 of 2024

                           BETWEEN:-
                           BABU LAL KADAM S/O MADHAV LAL KADAM
                           OCCUPATION: SUB ENGINEER OFFICE OF EXECUTIVE
                           ENGINEER WATER RESOURCES OFFICER COLONY
                           RATLAM (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (SHRI KHEN CHAND RAIKWAR, ADVOCATE)

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

                           2.    EXECUTIVE    ENGINEER WATER RESOURCES
                                 OFFICER COLONY RATLAM (MADHYA PRADESH)

                           3.    DISTICT PENSION OFFICER NEW COLLECTOR
                                 BUILDING   RATLAM    DISTRICT RATLAM
                                 (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

1.The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction, directing the respondent to grant him annual increment fell due on 01.07.2012. The petitioner retired from service on 30-6-2012, after attaining the age of

superannuation.

02. Learned counsel for the petitioner submits that the issue involved in the present case has already been settled on 11.04.2023 by the Supreme Court recently in the case of Director (Admn. & HR) KPTCK & Others v/s C.P. Mundinamani & Others [Civil Appeal No.2471 of 2023 @ SLP (C) No.6185 of 2020] reported in 2023 LiveLaw (SC) 296, wherein it has been held that the benefit of annual inctément which was to be added on Ist 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 al entitled to get the said benefit.

03. Considering the aforesaid and taking note of the judgment passed by the

Supreme Court in the case of C.P. Mutsliamani (supra), the respondents are directed to grant the benefit of annual increment which was to be added with effect from 01.07.2012 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioner within a period of three months from the date of receipt of certified copy of this order.

The petitioner shall also be entitled for entire arrears / interest. PPO be accordingly revised. |

04. With the aforesaid, Writ Petition stands allowed.

(SUBODH ABHYANKAR) JUDGE

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