Arun Kumar vs The State Of Madhya Pradesh
2024 Latest Caselaw 16243 MP

Madhya Pradesh High Court

Arun Kumar vs The State Of Madhya Pradesh on 30 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 30 th OF MAY, 2024
                                              WRIT PETITION No. 15316 of 2024

                           BETWEEN:-
                           ARUN KUMAR S/O SHRI CHAGGANLAL SAWALE, AGED
                           ABOUT 65 YEARS, OCCUPATION: RETIRED R/O:
                           ASSISTANT GRADE 2 MAHALAXMI TOWN SHIP
                           KHARGONE DISTT. KHARGONE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SHOBHAG MAL PORWAL - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 DIRECTOR    FARMER      WELFARE AND
                                 AGRICULTURE DEVELOPMENT 2ND FLOOR C
                                 WING VINDHYACHAL BHAWAN ARERA HILLS
                                 BHOPAL (MADHYA PRADESH)

                           2.    THE JOINT DIRECTOR, FARMER WELFARE AND
                                 AGRICULTURE          DEVELOPMENT INDORE
                                 DIVISION INDORE DIST. INDORE (MADHYA
                                 PRADESH)

                           3.    DISTRICT PENSION AND TREASURY OFFICER
                                 DIST. KHARGONE (MADHYA PRADESH)

                           4.    THE DEPTY DIRECTOR FARMER WELFARE AND
                                 AGRICULTURE DEVELOPMENT KHARGONE DIST.
                                 KHARGONE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI SUDARSHAN JOSHI - GOVERNMENT ADVOCATE)

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

By the instant petition, the petitioner is claiming that although he stood

retired on 30.06.2021 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 01.07.2021 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 Shilpa