Narendra Kumar Chopra vs The State Of M.P.
2024 Latest Caselaw 15674 MP

Madhya Pradesh High Court

Narendra Kumar Chopra vs The State Of M.P. 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. 13492 of 2024

                          BETWEEN:-
                          NARENDRA KUMAR CHOPRA S/O SHRI MANGILAL JI,
                          AGED ABOUT 64 YEARS, OCCUPATION: RETD. LAB
                          TECHNICIAN, R/O. 01, NARAYAN ROAD, MAHIDPUR
                          DIST. UJJAIN (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI RAKESH PA - ADVOCATE)

                          AND
                          1.    THE STATE OF M.P. THROUGH PRINCIPAL
                                SECRETARY GOVT. OF M.P. HIGHER EDUCATION
                                DEPARTMENT MINISTRY, VALLABH BHAWAN,
                                BHOPAL (MADHYA PRADESH)

                          2.    THE COMMISSIONER HIGHER EDUCATION
                                DEPARTMENT GOVT. OF M.P. SATPURA BHAWAN,
                                BHOPAL M.P. (MADHYA PRADESH)

                          3.    THE PRINCIPAL,   GOVERNMENT            COLLEGE
                                MAHIDPUR. DISTT.- UJJAIN M.P.         (MADHYA
                                PRADESH)

                          4.    THE JOINT DIRECTOR KOSH LEKHA AVM
                                PENSION  DIVISION UJJAIN, M.P. (MADHYA
                                PRADESH)

                          5.    DIVISIONAL PENSION OFFICER PENSION OFFICE,
                                UJJAIN DIST. UJJAIN (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:
Signature Not Verified
                                                           ORDER

Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 5/27/2024 6:43:55 PM

1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2021 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

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. 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 petitioner is also entitled to get the said benefit.

3. 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 01.07.2021 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of three months from the date of submitting copy of this Court.

4. With the aforesaid, the petition stands allowed and disposed off. C.c. as per rules.

(PRANAY VERMA) JUDGE SS/-