Mehar Singh Barod vs The State Of Madhya Pradesh
2024 Latest Caselaw 16017 MP

Madhya Pradesh High Court

Mehar Singh Barod vs The State Of Madhya Pradesh on 29 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 29 th OF MAY, 2024
                                             WRIT PETITION No. 15073 of 2024

                           BETWEEN:-
                           MEHAR SINGH BAROD S/O SHRI SHOBHA RAM BAROD,
                           AGED ABOUT 64 YEARS, OCCUPATION: RTD. RANG
                           OFFICER 30, KOMAL NAGAR, NAYAGAON SAILANA
                           DISTT. RATLAM (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECARETARY FOREST DEPARTMENT
                                 VALLABH     BHAWAN,   BHOPAL   (MADHYA
                                 PRADESH)

                           2.    PRINCIPAL CHIEF CONSERVATOR OF FOREST
                                 FOREST     DEPARTMENT SATPUDA BHAWAN
                                 BHOPAL M.P. (MADHYA PRADESH)

                           3.    CHIEF CONSERVATOR OF FOREST INDORE -
                                 CIRCLE INDORE DISTT INDORE MP. (MADHYA
                                 PRADESH)

                           4.    VAN MANDAL ADHIKARI VAN MANDAL INDORE
                                 INDORE DISTT INDORE M,.P (MADHYA PRADESH)

                           5.    DIVISIONAL     PENSION    OFFICER INDORE
                                 DIVISION SETTELITE BHAWAN, COLLECTORATE
                                 INDORE (MADHYA PRADESH)

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

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
                                                            ORDER

Signed by: NEERAJ SARVATE Signing time: 29-05-2024 18:53:37

1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2017 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 01.07.2017 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 ns