Smt. Bindiya Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 16248 MP

Madhya Pradesh High Court

Smt. Bindiya Sharma 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. 15249 of 2024

                           BETWEEN:-
                           SMT. BINDIYA SHARMA W/O LATE SHRI MOHANLAL
                           SHARMA, AGED ABOUT 64 YEARS, OCCUPATION:
                           PENSIONER RTD. FROM LOK NIRMAN VIBHAG (B/R)
                           MANAWAR DIST. DHAR, R/O: JOHARI COLONY DHAR
                           ROAD    MANAWAR   DISTRICT DHAR     (MADHYA
                           PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI ARVIND PARMAR - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY PUBLIC HEALTH AND
                                 ENGINEERING     DEPARTMENT     VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    DIRECTOR, PENSION BHAVISHYA NIDHI EVAM
                                 BIMA MADHYA PRADESH ARERA HILLS, BHOPAL
                                 (MADHYA PRADESH)

                           3.    EXECUTIVE ENGINEER, PUBLIC HEALTH AND
                                 ENGINEERING DEPARTMENT (B/R) DIVISION
                                 DHAR DIST. DHAR (MADHYA PRADESH)

                           4.    SUB DIVISIONAL OFFICER PUBLIC HEALTH AND
                                 ENGINEERING DEPARTMENT (B/R) SUB DIVISION
                                 MANAWAR DIST. DHAR (MADHYA PRADESH)

                           5.    DISTRICT PENSION OFFICER, DHAR DIST. DHAR
                                 (MADHYA PRADESH)

                           6.    DISTRICT TREASURY OFFICER,     DHAR DIST.
                                 DHAR (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                           (BY SHRI SUDARSHAN JOSHI - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 30-05-2024
15:41:52
                                                                  2
                                    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 30.06.2022 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 01.07.2022 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