Mubarak Hussain vs The State Of Madhya Pradesh
2024 Latest Caselaw 16052 MP

Madhya Pradesh High Court

Mubarak Hussain vs The State Of Madhya Pradesh on 29 May, 2024

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK JAIN
                                             ON THE 29 th OF MAY, 2024
                                          WRIT PETITION No. 13773 of 2024

                          BETWEEN:-
                          MUBARAK HUSSAIN S/O LATE SHRI MOHD. SULTAN,
                          AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
                          RURAL AGRICULTURE EXTENSION OFFICER FROM
                          THE OFFICE OF SENIOR AGRICULTURE DEVELOPMENT
                          OFFICER SOHABAL DISTRICT SATNA R/O NEAR NOORI
                          MASZID MAIHAR ROAD NAZIRABAD SATNA DISTRICT
                          SATNA (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY KISAN KALYAN TATHA
                                KRISHI VIKAS DEPARTMENT MANTRALYA
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    COMMISSIONER CUM DIRECTOR KISAN KALYAN
                                T A T H A KRISHI VIKAS M.P. VINDHYACHAL
                                BHAWAN BHOPAL DISTRICT (MADHYA PRADESH)

                          3.    JOINT DIRECTOR KISAN KALYAN TATHA VIKAS
                                PILI KOTHI INFRONT OF VENKAT BHAWAN
                                REWA DISTRICT (MADHYA PRADESH)

                          4.    DEPUTY DIRECTOR KISAN KALYAN TATHA
                                KRISHI VIKAS CIVIL LINES SATNA DISTRICT
                                SATNA (MADHYA PRADESH)

                          5.    DISTRICT PENSION OFFICER S ATN A DISTRICT
                                SATNA (MADHYA PRADESH)

                          6.    DISTRICT TREASURY OFFICER SATNA DISTRICT
                                SATNA (MADHYA PRADESH)

                                                                            .....RESPONDENTS
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 5/31/2024
1:22:51 PM
                                                       2
                          (BY SHRI DARSHAN SONI - GOVERNMENT ADVOCATE)

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

The petitioner is a retired employee who was retired from the post of Rural Agriculture Extension Officer on attaining the age of superannuation on 31.12.2020. It is the grievance of the petitioner that his date of increment under 7th Pay Commission was 1st January of the year as indicated vide fixation note place on record as Annexure P/3. The petitioner seeks benefit of increment payable on 01.01.2021 for the

purpose of payment of pensionary benefits because he has completed the requisite length of service to be entitled to earn increment payable on 01.01.2021 as he has worked till 31.12.2020.

2 . Learned counsel for the petitioner relied on the judgment of Hon'ble Apex Court in Civil Appeal No. 2471/2023 (the Director Admn. and HR KPTCL and Ors. vs. C.P. Mundinamani & Ors) and also the circular issued by Finance Department dated 15.03.2024 whereby the State Government has taken decision to grant such benefit in terms of the decision passed by the Apex Court in identical matters.

3. Considering the grievance, this petition is disposed of directing the respondents No. 2 to 5 to verify the service record of the petitioner and act in accordance with Finance department circular dated 15.03.2024 Annexure P/7. If the petitioner is found entitled after verification of service record, then the necessary dues be worked out and paid to the petitioner within a period of two months from the date of production of certified copy

of this order.

4. Petition is disposed of.

(VIVEK JAIN) JUDGE MISHRA