Vishnu Prasad Gurjar vs The State Of Madhya Pradesh
2024 Latest Caselaw 16018 MP

Madhya Pradesh High Court

Vishnu Prasad Gurjar 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. 15041 of 2024

                           BETWEEN:-
                           VISHNU PRASAD GURJAR S/O SHRI RAM GURJAR,
                           AGED ABOUT 68 YEARS, OCCUPATION: RETIRED R/O:
                           38 VISHNU COLONY B. N. P. ROAD, DISTT. DEWAS
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI ARVIND KUMAR SHARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY PUBLIC HEALTH
                                 ENGINEERING     DEPARTMENT     VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    CHIEF EXECUTIVE ENGINEER PUBLIC HEALTH
                                 ENGINEERING     DEPARTMENT MECHANICAL
                                 INDORE (MADHYA PRADESH)

                           3.    EXECUTIVE   ENGINEER  PUBLIC    HEALTH
                                 ENGINEERING   DEPARTMENT   (PHE) DEWAS
                                 (MADHYA PRADESH)

                           4.    JOINT DIRECTOR, TREASURY ACCOUNTS AND
                                 PENSION OFFICER UJJAIN (MADHYA PRADESH)

                           5.    DISTRICT TREASURY ACCOUNTS AND PENSION
                                 OFFICER DIST. DEWAS (MADHYA PRADESH)

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

                                 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 30.06.2016 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 01.07.2016 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 Shilpa