Om Prakash Sharma vs State Of Mp Through Its Secretary
2024 Latest Caselaw 16020 MP

Madhya Pradesh High Court

Om Prakash Sharma vs State Of Mp Through Its Secretary 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. 14352 of 2024

                          BETWEEN:-
                          1.    OM PRAKASH SHARMA S/O LATE SHRI L.C.
                                SHARMA, AGED ABOUT 73 YEARS, OCCUPATION:
                                RETIRED MANAGER, D.T.I.C. INDORE, R/O. 371,
                                SUNDER NAGAR, MAIN SUKHALIYA, INDORE
                                (MADHYA PRADESH)

                          2.    ASHOK KUMAR UDIWAL S/O SHRI DHANNA LAL
                                UDIWAL, AGED ABOUT 73 YEARS, OCCUPATION:
                                RETIRED MANAGER D.T.I.C. INDORE R/O-338, DK-
                                1, SCHEME 74/C, VIJAY NAGAR, INDORE
                                (MADHYA PRADESH)

                                                                               .....PETITIONERS
                          (BY SHRI SUNIL KUMAR TIWARI, LEARNED COUNSEL FOR THE
                          PETITIONERS).

                          AND
                          1.    STATE OF MP THROUGH ITS SECRETARY,
                                DEPARTMENT OF MICRO SMALL MEDIUM AND
                                ENTERPRISES,    MANTRALAYA,    VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    DIRECTORATE   THROUGH    ITS  DIRECTOR
                                DEPARTMENT OF MICRO, SMALL, MEDIUM AND
                                ENTERPRISES DEPARTMENT BHOPAL (MADHYA
                                PRADESH)

                          3.    GENERAL MANAGER DEPARTMENT OF TRADE
                                AND INDUSTRIAL CENTER INDORE (MADHYA
                                PRADESH)

                          4.    DIVISIONAL    PENSION    OFFICER DIVISION
                                INDORE OFFICE OF DIVISIONAL PENSION
                                DISTRICT INDORE (MADHYA PRADESH)

                          5.    DISTRICT TREASURY OFFICER TREASURY AND
                                ACCOUNTS    DEPARTMENT DISTRICT INDORE
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 5/29/2024
4:48:45 PM
                                                                2
                                 (MADHYA PRADESH)

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

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

B y the instant petition, the petitioners are claiming that although they stood retired on 30.06.2009 and 30/6/2011 and the annual increments were to be added on 1st of July of that year, but they were not 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 petitioners are 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 01.07.2011 and 1/7/2009 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 SS/-