Dr. Vijay Kumar Shrama vs The State Of Madhya Pradesh
2024 Latest Caselaw 15564 MP

Madhya Pradesh High Court

Dr. Vijay Kumar Shrama vs The State Of Madhya Pradesh on 24 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 24 th OF MAY, 2024
                                             WRIT PETITION No. 13765 of 2024

                           BETWEEN:-
                           DR. VIJAY KUMAR SHARMA S/O SHRI RAMESH
                           CHANDRA SHARMA, AGED ABOUT 78 YEARS,
                           OCCUPATION: RETIRED PROFESSOR (PRINCIPAL)
                           HOUSE NO. B-36, NEW MINAL RESIDENCY, J.K. ROAD,
                           GOVINDPURA, TEHSIL HUJUR, DISTRICT BHOPAL
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SANJEEV KUMAR SINGH - ADVOCATE)

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

                           2.    COMMISSIONER      HIGHER     EDUCATION
                                 DEPARTM ENT B HOPAL 5TH FLOOR SATPURA
                                 BHAWAN BHOPAL DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           3.    DISTRICT PENSION OFFICER, BHOPAL DISTRICT
                                 BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

This writ petition is not maintainable in the light of judgment of Hon'ble Supreme Court in case of Director (Admn. and HR) KPTCL and others

Vs. C.P. Mundinamani and others, 2023 SCC OnLine SC 401 , inasmuch as, petitioner had attained age of superannuation on 31.12.2007 and his normal

date of increment is 1st July of each year. Therefore, petitioner having not

retired on 30.06.2007, will not be entitled to increment which fall due on 1st July.

It is not the petitioner's case his due date of increment is 1st January and therefore, this petition being misconceived and is hereby dismissed.

At this stage, Shri Sanjeev Kumar Singh, learned counsel for the petitioner prays for withdrawal of this petition.

Accordingly, this writ petition is dismissed as withdrawn as well.

(VIVEK AGARWAL) JUDGE pp