Union Of India vs Abdul Aziz Khan
2024 Latest Caselaw 15715 MP

Madhya Pradesh High Court

Union Of India vs Abdul Aziz Khan on 27 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                      1
                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                  BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                     &
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                             ON THE 27 th OF MAY, 2024
                                          MISC. PETITION No. 2703 of 2024

                          BETWEEN:-
                          1.    UNION OF INDIA THROUGH THE SECRETARY,
                                CENTRAL PUBLIC    WORKS    DEPARTMENT,
                                NIRMAN BHAWAN NEW DELHI 110001 (DELHI)

                          2.    THE DIRECTOR GENERAL, CENTRAL PUBLIC
                                WORKS DEPARTMENT, A WING ROOM NO. 101
                                NIRMAN BHAWAN NEW DELHI (DELHI)

                          3.    ADDITIONAL DIRECTOR GENERAL CENTRAL
                                PUBLIC WORKS DEPARTMENT BHOPAL REGION
                                52-A NIRMAN SADAN ARERA HILLS BHOPAL
                                (MADHYA PRADESH)

                          4.    SUPERINTENDING ENGINEER CENTRAL PUBLIC
                                WORKS      DEPARTMENT GWALIOR CENTRAL
                                CIRCLE 35 CITY CENTER (MADHYA PRADESH)

                          5.    EXECUTIVE ENGINEER (ELECTRICAL) CENTRAL
                                PUBLIC WORKS DEPARTMENT 35 CITY CENTER
                                GWALIOR (MADHYA PRADESH)

                          6.    SECRETARY MINISTRY OF PERSONNEL PUBLIC
                                GRIEVANCE AND PENSION TRAINING GOVT. OF
                                IN D IA NORTH BLOCK CENTRAL SECRETARIAT
                                (DELHI)

                                                                            .....PETITIONER
                          (BY SHRI PRAVEEN    KUMAR   NEWASKAR   -   DEPUTY SOLICITOR
                          GENERAL)

                          AND
                          ABDUL AZIZ KHAN S/O SHRI SARDAR KHAN, AGED
                          ABOUT   61   YEARS, OCCUPATION: RETIRED AS
                          WIREMAN FROM CPWD R/O COLONEL SAHAB KI
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 5/28/2024
11:58:42 AM
                                                       2
                          DYODHI BEHIND KAJAL TALKIES LASHKAR GWALIOR
                          MP 7974918762 (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (NONE)

                                    This petition coming on for admission this day, Justice Vivek Rusia
                          passed the following:
                                                                 ORDER

The issue raised in this petition is no more res integra as the Apex Court has decided that the employees who are retiring on 30th, June shall be entitled for increment falling due on 1st July of year of the retirement.

Here, the tribunal has already relied on that judgment in the case of

Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023 therefore, we do not find any reason to interfere with the impugned order.

Petition is dismissed.

                            (VIVEK RUSIA)                                      (RAJENDRA KUMAR VANI)
                               JUDGE                                                   JUDGE
                          Ashish*