Rambilas Vyas vs The State Of Madhya Pradesh
2024 Latest Caselaw 15672 MP

Madhya Pradesh High Court

Rambilas Vyas 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. 14004 of 2024

                          BETWEEN:-
                          RAMBILAS VYAS S/O UDAYLAL VYAS, AGED ABOUT 64
                          Y E A R S , OCCUPATION: RETIRED  GOVERNMENT
                          EMPLOYEE, R/O. 427 WARD NO. 18 UDAYNAGAR,
                          SARSOD, DISTT. MANDSAUR (MADHYA PRADESH)

                                                                           .....PETITIONER
                          (BY SHRI VISHAL PATEL - ADVOCATE)

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

                          2.    STATE OF MADHYA PRADESH THROUGH
                                COMMISSIONER M.P. GOVERNMENT PUBLIC
                                EDUCATION   DIRECTORATE NEAR CHETAK
                                BRIDGE GAUTAM NAGAR, BHOPAL (MADHYA
                                PRADESH)

                          3.    STATE OF MADHYA PRADESH THROUGH
                                DISTRICT EDUCATION OFFICER EDUCATION
                                DEPARTMENT SUSHASHAN BHAVAN MANDSAUR
                                (MADHYA PRADESH)

                          4.    STATE OF MADHYA PRADESH THROUGH
                                C O L L E C T O R SUSHASHAN   BHAVAN
                                COLLECTORATE OFFICE MANDSAUR (MADHYA
                                PRADESH)

                          5.    STATE OF MADHYA PRADESH THROUGH
                                DISTRICT TREASURY   OFFICER SUSHASHAN
                                BHAVAN MANDSAUR (MADHYA PRADESH)

                          6.    STATE OF MADHYA PRADESH THROUGH
                                DISTRICT  PENSION   OFFICER SUSHASHAN
                                BHAVAN MANDSAUR (MADHYA PRADESH)
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 5/27/2024
6:43:55 PM
                                                                 2

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

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

1. By the instant petition, the petitioner is claiming that although he stood retired on 31.12.2022, 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 01.01.2023 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/-