Water Resource Department vs Vinod Kumar Makwana
2024 Latest Caselaw 16238 MP

Madhya Pradesh High Court

Water Resource Department vs Vinod Kumar Makwana on 30 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla, Hirdesh

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                       &
                                         HON'BLE SHRI JUSTICE HIRDESH
                                                ON THE 30 th OF MAY, 2024
                                               WRIT APPEAL No. 41 of 2021

                           BETWEEN:-
                           1.    WATER RESOURCE DEPARTMENT PRINCIPAL
                                 SECRETARY VALLABH BHAWAN BHOPAL (M.P.)
                                 (MADHYA PRADESH)

                           2.    DIVISIONAL JOINT DIRECTOR DIRECTORATE OF
                                 TREASURY AND ACCOUNTS UJJAIN (MADHYA
                                 PRADESH)

                           3.    EXECUTIVE ENGINEER WATER RESOURCE
                                 DEPARTMENT NEEMUCH (MADHYA PRADESH)

                           4.    DISTRICT TREASURY OFFICER DIRECTORATE OF
                                 TREASURY AND ACCOUNTS NEEMUCH (MADHYA
                                 PRADESH)

                           5.    DISTRICT  PENSION  OFFICER VITTA        SEVA
                                 NEEMUCH (MADHYA PRADESH)

                                                                                 .....APPELLANTS
                           (BY SHRI BHUWAN DESHMUKH, LEARNED COUNSEL)

                           AND
                           VINOD KUMAR MAKWANA S/O SHRI BHERULAL JI
                           MAKWANA, AGED ABOUT 62 YEARS, OCCUPATION:
                           PENSIONER L-166, INDIRA NAGAR, NEEMUCH
                           (MADHYA PRADESH)

                                                                                 .....RESPONDENT
                           (NONE FOR THE RESPONDENT)

                                 T h is appeal coming on for orders this day, Justice Vijay Kumar
                           Shukla passed the following:
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 30-05-2024
16:46:57
                                                                 2
                                                                 ORDER

In the instant intra-court appeal, the order passed by learned Single Judge dated 18.03.2020 in WP No.1800/2020 is under challenge whereby the petition filed by respondent/petitioner has been allowed relying on the judgment dated 03.12.2019 passed by Coordinate Bench in WP No.18030/2019 (Rajendra Prasad Tiwari Vs. State of M.P.) directing the appellants to extend the benefit of annual increment to the petitioners which fell due on 1st July, 2014 and 1st July, 2011 respectively.

2. The issue involved in the present appeal has already been decided by the order passed by the Division Bench of this Court at Gwalior in the case of

Yogendra Singh Bhadauria and Ors. Vs. State of Madhya Pradesh and Ors. (W.A. No.645/2020) dated 22.09.2020.

3. In view of the aforesaid, the writ appeal is dismissed.

                             (VIJAY KUMAR SHUKLA)                                                (HIRDESH)
                                     JUDGE                                                         JUDGE
                           soumya