Vilas vs State Of M.P.
2024 Latest Caselaw 15853 MP

Madhya Pradesh High Court

Vilas vs State Of M.P. 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. 14133 of 2024

                           BETWEEN:-
                           1.    VILAS S/O SHRI PADMAKAR PHULAMBIKAR,
                                 AGED ABOUT 67 YEARS, OCCUPATION: RETIRED
                                 1A, SAINATH COLONY, NEAR TILAK NAGAR,
                                 INDORE (MADHYA PRADESH)

                           2.    VISHWAS S/O PADMAKAR PHULAMBIKAR, AGED
                                 ABOUT     67  YEARS, OCCUPATION: RETIRED
                                 2188,SEC-D,SUDAMA NAGAR,INDORE (MADHYA
                                 PRADESH)

                                                                              .....PETITIONERS
                           (BY SHRI HARSH YADAV - ADVOCATE)

                           AND
                           1.    STATE OF M.P. THROUGH SECRETARY MADHYA
                                 PRADESH WATER RESOURCES DEPARTMENT
                                 VALLABH    BHAWAN,    BHOPAL   (MADHYA
                                 PRADESH)

                           2.    CHIEF    ENGINEER   NARMADA    VALLEY
                                 DEVELOPMENT       DEPARTMENT NARMADA
                                 BHAWAN, TULSI NAGAR BHOPAL (MADHYA
                                 PRADESH)

                           3.    CHIEF ENGINEER, LOWER NARMADA PROJECT
                                 NARMADA VALLEY DEVELOPMENT AUTHORITY
                                 (NVDA) SCHEME NO. 74, VIJAY NAGAR, INDORE
                                 (MADHYA PRADESH)

                           4.    MEMBER      ENGINEER NARMADA   VALLY
                                 DEVELOPMENT AUTHORITY BHOPAL (MADHYA
                                 PRADESH)

                                                                             .....RESPONDENTS
                           ( BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)

Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 28-05-2024
17:23:04
                                                                  2
                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                  ORDER

1. By the instant petition, the petitioners are claiming that although they s to o d retired on 31.12.2016 and 30.06.2015 respectively and the annual increment was to be added on 1st of July of that year, but they have not been granted the said benefit.

2. Learned counsel for the petitioners 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 01.01.2017, and 01.07.2015 respectively and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners 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 ns