Madhya Pradesh High Court
R. K. Rawal vs The State Of Madhya Pradesh on 27 May, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 27 th OF MAY, 2024
WRIT PETITION No. 14062 of 2024
BETWEEN:-
1. R. K. RAWAL S/O SHRI CHANDRASHEKHAR
RAWAL, AGED ABOUT 62 YEARS, OCCUPATION:
RETIRED (PENSIONER) P-25, PANDIT DINDAYAL
UPADHYAY NAGAR, SUKHLIYA INDORE (MADHYA
PRADESH)
2. ANAND RAM MISTRI S/O BHAVANI RAM MISTRI,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
(PENSIONER) 25, NEW GLOBES CITY, RATLAM
(MADHYA PRADESH)
3. SANJAY KUMAR JAIN S/O LATE SHAMBHAVDAS
MODI, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED(PENSIONER) 39, UNIQUE PARADISE,
NEAR OVERHEAD TANK, BHATAGAON, RAIPUR
(CHHATTISGARH)
4. AKSHAY KUMAR SHARMA S/O LATE
BADRIPRASAD JI SHARMA, AGED ABOUT 63
YE A R S , OCCUPATION: RETIRED (PENSIONER)
MIG 97, FIRST FLOOR, DINDAYAL PURAM DHAR
(MADHYA PRADESH)
5. R.K. PRAJAPATI S/O LALARAM PRAJAPATI, AGED
ABOUT 73 YEARS, OCCUPATION: RETIRED
(PENSIONER) F-160, RAVISHANKAR SHUKLA
NAGAR, INDORE (MADHYA PRADESH)
6. SMT. SHAYMLA KHADIKAR W/O LATE
PRABHAKAR KHADIKAR, AGED ABOUT 71 YEARS,
OCCUPATION: RETIRED (PENSIONER) 74N/101,
SANCHAR NAGAR EXTENSION KANADIYA ROAD,
INDORE (MADHYA PRADESH)
7. SHRAVAN KUMAR PRAJAPAT S/O LATE
LALLUPRASAD PRAJAPAT, AGED ABOUT 63
YE A R S , OCCUPATION: RETIRED (PENSIONER)
90BANGANGA MAIN ROAD, INDORE (MADHYA
PRADESH)
Signature Not Verified
Signed by: MUKTA
KOUSHAL
Signing time: 5/28/2024
10:17:42 AM
2
8. NARENDRA KUMAR SETH S/O HAJRILAL JI SETH,
AGED ABOUT 67 YEARS, OCCUPATION: RETIRED
(PENSIONER) M.D. 17, BAJRANGNAGAR INDORE
(MADHYA PRADESH)
9. SMT. ASHA JADHAV W/O SURESH JADHAV, AGED
ABOUT 67 YEARS, OCCUPATION: RETIRED
(PENSIONER) 39, M.R. 03, MAHALAXMI NAGAR,
INDORE (MADHYA PRADESH)
10. S.D. CHALISGAONKAR S/O DATTATRYA
CHALISGAONKAR, AGED ABOUT 70 YEARS,
OCCUPATION: RETIRED (PENSIONER) 9-A, PRIME
CITY, SUKHLIYA INDORE (MADHYA PRADESH)
11. SHARAD PAWAR S/O LATE SHRI RAMCHANDRA
PAWAR, AGED ABOUT 72 YEARS, OCCUPATION:
RETIRED (PENSIONER) B.H. 12, PANDIT
DINDAYAL UPADHYAY NAGAR, SUKHLIYA
INDORE (MADHYA PRADESH)
12. KAMLESH KUMAR RAWAL S/O SURYAKANT
RAWAL, AGED ABOUT 67 YEARS, OCCUPATION:
RETIRED (PENSIONER) R/O C-11/20, MAHANANDA
NAGAR UJJAIN (MADHYA PRADESH)
13. MUKTA SWAMI S/O LATE SHIVANNA SWAMI,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
(PENSIONER) D-30, JANTA QUATER STADIUM
GROUND NANDANAGAR, INDORE (MADHYA
PRADESH)
14. SIDDHANATH S/O BALWANT, AGED ABOUT 65
YEARS, OCCUPATION: RETIRED (PENSIONER) 207,
SCHEME NO. 155, INDORE VIKAS PRADHIKARAN
BHAWAN, NANDBAGH, INDORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ATISHAY DHAKER, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH TH. PRINCIPAL
SECRETARY URBAN DEVELOPMENT AND
HOUSING DEVELOPMENT MADHYA PRADESH
VALLABH BHAVAN, BHOPAL (MADHYA PRADESH)
2. MADHYA PRADESH HOUSING AND
INFRASTRUCTURE DEVELOPMENT BOARD
Signature Not Verified
Signed by: MUKTA
KOUSHAL
Signing time: 5/28/2024
10:17:42 AM
3
THROUGH COMMISSIONER BLOCKK 3,
PARYAVAS BHAVAN, MOTHER TERESA ROAD,
BHOPAL (MADHYA PRADESH)
3. MADHYA PRADESH HOUSING AND
INFRASTRUCTURE DEVELOPMENT BOARD
THR OUGH CHIEF ADMINISTRATIVE OFFICER
BLOCK 3, PARYAVAS BHAVAN, MOTHER TERESA
ROAD, BHOPAL (MADHYA PRADESH)
4. MADHYA PRADESH HOUSING AND
INFRASTRUCTURE DEVELOPMENT BOARD
THROUGH CHIEF ACCOUNTS OFFICER BLOCK 3,
PARYAVAS BHAVAN, MOTHER TERESA ROAD,
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJWARDHAN GAWDE - G.A. FOR STATE)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
By the instant petition, the petitioners are claiming that although they
stood retired on 1.7.2023, 1.7.2021, 1.7.2022, 1.7.2022, 1.7.2008, 1.7.2010,
1.7.2022,1.7.2016, 1.7.2016, 1.7.2011, 1.07.2009, 1.7.2016, 1.7.2023 and
1.7.2020 and the annual increment was to be added on 1st of July of that year,
but they are not granted the said benefit.
2. Learned counsel for the petitioners 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 KPTCL 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
petitioners are also entitled to get the said benefit.
3. Considering the aforesaid and taking note of the judgment passed by
the Supreme Court in case of C.P. Mundinamani (supra), the petitioners are
directed to submit a representation before the competent authority/respondent
Nos.2 to 4 within a period of one month from today.
4. Counsel for petitioners submits that petitioners have already submitted
a representation Annx.P/2 before the respondent No.2. Counsel further submits
that in Writ Appeal No.673/2024 (Radheshyam and others Vs. State of Madhya
Pradesh and others) decided by this Court by order dated 4.4.2024, Division
Bench has awarded interest in Writ Appeal No. 673/2024. Petitioners are
granted liberty to file additional representation along with copy of the order
passed by Division Bench in the case of Radheshyam(supra).
5. Considering the aforesaid submission, the present petition is disposed
off with a direction to respondent Nos.2 to 4 to consider and decide the
representation of the petitioners in accordance with law in view of the judgment
passed by the Apex Court in the case of C.P.Mundinamani (supra) within a
period of 3 months from the date of filing of certified copy of the order passed
today and to grant the benefit of one annual increment and recalculate the
benefit of retiral dues and pension and issue fresh PPO in favour of the
petitioners
(VIJAY KUMAR SHUKLA)
JUDGE
MK
