State Of M.P. vs Ashutosh
2024 Latest Caselaw 16240 MP

Madhya Pradesh High Court

State Of M.P. vs Ashutosh 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. 44 of 2021

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

                           2.    COM M ISSIONER COMMERCIAL TAX INDORE
                                 INDORE (MADHYA PRADESH)

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

                           4.    THE  DISTRICT   PENSION            OFFICER UJJAIN
                                 (MADHYA PRADESH)

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

                           AND
                           ASHUTOSH S/O P.P. SHRIVASTAVA, AGED ABOUT 63
                           YEARS, OCCUPATION: RETD. ASTT. GRADE II A-19/13
                           LIG-2 MAHANANDA NAGAR (MADHYA PRADESH)

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

                                 T h is appeal coming on for orders this day, Justice Vijay Kumar
                           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.17850/2019 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