Ram Chandra Chak vs State Of M.P. Through Principal ...
2024 Latest Caselaw 15852 MP

Madhya Pradesh High Court

Ram Chandra Chak vs State Of M.P. Through Principal ... on 28 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 28 th OF MAY, 2024
                                           WRIT PETITION No. 14514 of 2024

                           BETWEEN:-
                           RAM CHANDRA CHAK S/O SHRI BABULAL CHAK, AGED
                           ABOUT 66 YEARS, OCCUPATION: RET. ASSTT. TEACHER
                           GOVT. PRIMARY SCHOOL GOUTAMPURA, DEPALPUR,
                           INDORE (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI CHANDRAKANT VERMA - ADVOCATE)

                           AND
                           1.    STATE OF M.P. THROUGH PRINCIPAL SECRETARY
                                 SCHOOL         EDUCATION      DEPARTMENT
                                 MANTRALAYA, VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE   COMMISSIONER,       LOK   SHIKSHAN
                                 SAN CHAN ALAYA GAUTAM     NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    THE DISTRICT EDUCATION OFFICER INDORE
                                 DIST. INDORE (MADHYA PRADESH)

                           4.    THE BLOCK EDUCATION OFFICER DEPALPUR
                                 DIST. INDORE (MADHYA PRADESH)

                           5.    THE   PRINCIPAL  GOVT.  BOYS  HIGHER
                                 SECONDARY SCHOOL GAUTAMPURA DEPALPUR
                                 INDORE (MADHYA PRADESH)

                           6.    THE    DISTRICT  TREASURY   OFFICER
                                 COLLECTORATE CAMPUS INDORE (MADHYA
                                 PRADESH)

                           7.    THE    DIVISIONAL PENSION   OFFICER
                                 COLLECTORATE CAMPUS INDORE (MADHYA
                                 PRADESH)

Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 28-05-2024
17:12:07
                                                                  2
                                                                                            .....RESPONDENTS
                           (BY SHRI TARUN KUSHWAH - GOVERNMENT ADVOCATE)

                                   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 30.06.2020 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 01.07.2020 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.

(PRANAY VERMA) JUDGE jyoti