Nand Kishore Bharati vs The State Of Madhya Pradesh
2024 Latest Caselaw 16250 MP

Madhya Pradesh High Court

Nand Kishore Bharati 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. 15084 of 2024

                           BETWEEN:-
                           NAND KISHORE BHARATI S/O SHRI BHERU BHARATI,
                           AGED ABOUT 63 YEARS, OCCUPATION: RTD. PEON
                           GOVT. BOYS H.S. SCHOOL RAJGARH DIST. DHAR, R/O:
                           90 VIJAY NAGAR, BHANGARH ROAD, RAJGARH DISTT.
                           DHAR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY     TRIBAL     DEVELOPMENT
                                 DEPARTMENT VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER    TRIBAL     DEVELOPMENT
                                 DEPARTMENT BHOPAL DISTT. BHOPAL (MADHYA
                                 PRADESH)

                           3.    ASSISTANT     COMMISSIONER     TRIBAL
                                 DEVELOPMENT DEPARTMENT DISTRICT DHAR
                                 (MADHYA PRADESH)

                           4.    DISTRICT PENSION OFFICER DISTRICT DHAR
                                 COLLECTORATE, DHAR (MADHYA PRADESH)

                           5.    DIVISIONAL     PENSION    OFFICER INDORE
                                 DIVISION SATELLITE BHAWAN, COLLECTORATE
                                 INDORE (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI KOUSTUBH PATHAK - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 30-05-2024
15:41:52
                                                                  2
                                                                  ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2023 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 01.07.2023 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