State Of M.P. vs Omprakash Lalawat
2024 Latest Caselaw 16239 MP

Madhya Pradesh High Court

State Of M.P. vs Omprakash Lalawat 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. 37 of 2021

                           BETWEEN:-
                           1.    STATE OF M.P.    PRINCIPAL SECRETARY
                                 COMMERCIAL TAX DEPARTMENT, VALLABH
                                 BHAWAN (MADHYA PRADESH)

                           2.    COMMISSIONER COMMERCIAL TAX INDOREQ
                                 INDORE (MADHYA PRADESH)

                           3.    THE   DIVISIONAL  DY.   COMMISSIONER
                                 COMMERCIAL TAX. UJJAIN DIVISION. UJJAIN
                                 (MADHYA PRADESH)

                           4.    THE  DISTRICT   PENSION       OFFICER UJJAIN
                                 (MADHYA PRADESH)

                                                                                   .....APPELLANT
                           (BY SHRI BHUWAN DESHMUKH, LEARNED GOVERNMENT ADVOCATE)

                           AND
                           1.    OMPRAKASH LALAWAT S/O SHRI GOKUL
                                 PRASAD LALAWAT, AGED ABOUT 66 YEARS,
                                 OCCUPATION: RETD. GOVT SERVANT A/1, NEW
                                 ABHISHEK NAGAR, NANAKHEDA (MADHYA
                                 PRADESH)

                           2.    SMT. PREMLATA W/O SHRI MADANLAL AKHAND,
                                 AGED ABOUT 69 YEARS, OCCUPATION: GOVT.
                                 SERVANT 24/3, GANESHPURA, MAKSI ROAD.
                                 UJJAIN (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                           ( NONE FOR THE RESPONDENTS)

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

In the instant intra-court appeal, the order passed by learned Single Judge dated 06.01.2020 in WP No.22730/2019 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