Dinesh Chandra Barve vs The State Of Madhya Pradesh
2024 Latest Caselaw 15671 MP

Madhya Pradesh High Court

Dinesh Chandra Barve vs The State Of Madhya Pradesh on 27 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 27 th OF MAY, 2024
                                             WRIT PETITION No. 14027 of 2024

                          BETWEEN:-
                          DINESH CHANDRA BARVE S/O SHRI MISHRILAL JI
                          BARVE, AGED ABOUT 68 YEARS, OCCUPATION: RETD.
                          A. S. I, R/O. SOMITRA NAGAR KHARGONE DISTT.-
                          KHARGONE (MADHYA PRADESH)

                                                                                            .....PETITIONER
                          (BY SHRI SHASHANK PATWARI - ADVOCATE)

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

                          2.    DIRECTOR   GENERAL OF POLICE HOME
                                D EPARTM EN T PHQ JAHANGIRABAD BHOPAL
                                (MADHYA PRADESH)

                          3.    SUPERINTENDENT           OF       POLICE KHARGONE
                                (MADHYA PRADESH)

                          4.    DISTRICT  PENSION    OFFICER,   TREASURY
                                ACCOUNTS   AND    PENSION    DEPARTMENT
                                KHARGONE (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI SUDARSHAN JOSHI - GOVT. ADVOCATE FOR STATE)

                                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 31/12/2015, but the annual increment which fell due on1st of

January of the last year of his service was not given to him.

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. V/s. C.P. Mundinamani & Ors.) by holding that benefit of annual increment which was to be added on 1st of January every year shall be paid to the employee who got retired on 31st of December of the said year, therefore, the present petitioner is also entitled to get the said benefit.

3. Learned Govt. Advocate submits that the petitioner is not entitled for interest as he approached this Court after so many much delay.

4. 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 01/01/2016 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 submitting copy of this Court.

5. With the aforesaid observation and direction, this petition stands allowed and disposed off.

(PRANAY VERMA) JUDGE SS/-