Phoolchand Kumawat vs The State Of Madhya Pradesh Through The ...
2024 Latest Caselaw 16022 MP

Madhya Pradesh High Court

Phoolchand Kumawat vs The State Of Madhya Pradesh Through The ... 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. 13514 of 2024

                          BETWEEN:-
                          PHOOLCHAND KUMAWAT S/O SHRI GHISA JI, AGED
                          ABOUT 72 YEARS, OCCUPATION: RET. PEON GRAM
                          BIJANA NAGAR NIGAM DEWAS DIST. DEWAS (MADHYA
                          PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI RAKESH PAL - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE PRINCIPAL SECRETARY HORTICULTURE
                                AND FOOD PROCESSING DEPARTMENT VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    THE       DIRECTOR,      DIRECTORATE     OF
                                HORTICULTURE        AND  FOOD    PROCESSING
                                D E P A R T M E N T BHOPAL    6TH    FLOOR,
                                VINDHYACHAL, BHAWAN, BHOPAL (MADHYA
                                PRADESH)

                          3.    THE DEPUTY DIRECTOR, DIRECTORATE OF
                                HORTICULTURE  AND    FOOD   PROCESSING
                                DEPARTM ENT DEWAS DIST. DEWAS (MADHYA
                                PRADESH)

                          4.    THE JOINT DIRECTOR, KOSH LEKHA AVAM
                                PENSION DIVISION UJJAIN (MADHYA PRADESH)

                          5.    THE DISTRICT TREASURY OFFICER DEWAS DIST.
                                DEWAS (MADHYA PRADESH)

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

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

Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 5/29/2024
4:48:45 PM
                                                                 2
                          following:
                                                                 ORDER

1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2014 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 01.07.2014 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/-