Babulal Patidar vs The State Of Madhya Pradesh Through ...
2024 Latest Caselaw 16019 MP

Madhya Pradesh High Court

Babulal Patidar vs The State Of Madhya Pradesh Through ... 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. 14813 of 2024

                          BETWEEN:-
                          BABULAL PATIDAR S/O HIRALAL PATIDAR, AGED
                          ABOUT 63 YEARS, OCCUPATION: PENSIONER, ADDRESS
                          VILLAGE LASUDAVAN TEHSIL MANDSAUR DISTRICT
                          MANDSAUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI YASH PAL RATHORE - ADVOCATE)

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

                          2.    DISTRICT EDUCATION    OFFICER MANDSAUR
                                DISTRICT MANDSAUR (MADHYA PRADESH)

                          3.    DISTRICT   PENSION    OFFICER MANDSAUR
                                DISTRICT MANDSAUR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI KOUSTUBH PATHAK - GOVT. ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2023 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 01.07.2023 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 SS/-