Laxmi Narayan Joshi vs State Of M.P. Through School Education ...
2024 Latest Caselaw 15855 MP

Madhya Pradesh High Court

Laxmi Narayan Joshi vs State Of M.P. Through School Education ... 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. 6486 of 2020

                           BETWEEN:-
                           LAXMI NARAYAN JOSHI S/O KAMALKISHORE JOSHI,
                           AGED ABOUT 73 YEARS, OCCUPATION: RETIRED
                           PRINCIPAL 17/N-2, SECTOR C, SCHEME NO. 71, INDORE
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI OM PRAKASH RAGHUVANSHI - ADVOCATE)

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

                           2.    COMMISSIONER DIRECTORATE OF PUBLIC
                                 INSTRUCTION (DPI) GAUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DIVISIONAL     PENSION    OFFICER INDORE
                                 D IVIS ION COLLECTOR ATE CAMPUS, INDORE
                                 (MADHYA PRADESH)

                           4.    DISTRICT EDUCATION OFFICER BADA GANPATI
                                 IN FRONT OF SUBHASH STATUE INDORE
                                 (MADHYA PRADESH)

                                                                                       .....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 30.06.2008 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 01.07.2008 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