Ramesh Kumar Mishra vs The State Of Madhya Pradesh
2024 Latest Caselaw 16274 MP

Madhya Pradesh High Court

Ramesh Kumar Mishra vs The State Of Madhya Pradesh on 30 May, 2024

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VINAY SARAF
                                                  ON THE 30 th OF MAY, 2024
                                             WRIT PETITION No. 13826 of 2024

                           BETWEEN:-
                           RAMESH KUMAR MISHRA S/O LATE JAGDISH PRASAD
                           MISHRA, AGED ABOUT 63 YEARS, OCCUPATION:
                           RETIRED ASSISTANT TEACHER VILLAGE AND POST
                           BADWAR TEHSIL AND P.S.GURH (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (SHRI JITENDRA KUMAR DWIVEDI-ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    THE     PUBLIC   EDUCATION DIRECTORATE
                                 GAUTAM NAGAR HOUSING BOARD COLONY
                                 BHOPAL (MADHYA PRADESH)

                           3.    THE DISTRICT EDUCATION OFFICER              REWA
                                 DISTRICT REWA (MADHYA PRADESH)

                           4.    THE DIVISIONAL PENSION OFFICER , DISTRICT
                                 REWA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (MS. G.K. PATEL-GOVT. ADVOCATE)

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

By the instant petition, the petitioner is claiming the benefit of annual increment which was to be added on 1.1.2024 for the year but the same could not be granted to the petitioner as the petitioner was superannuated on

31.12.2023. The petitioner has claimed the benefit of next increment on the basis of Circular No.F8-1/2024/Rule/4 issued by Finance Department on 15.3.2024 whereby the Finance Department in compliance of orders passed by the Apex Court and the High Court issued directions to extend the benefit to employees for next increment if they are retiring on 30th June or 31st December. The Apex Court in the matter of Union of India & Ors. Vs. P. Ayyamperumal S.L.P. (Civil) No.22283/2018 has upheld the judgment passed by the High Court of Judicature at Madras whereby the similar benefit was extended to the employees by the High Court on the ground that the increment is available to employee in respect of services provided to him in the last year but the benefit

of the same could not be extended due to his superannuation on the last day of previous year for which he is entitled.

Considering the same, the petitioner is entitled for one notional increment for the period from 1.1.2024 to 31.12.2024 as he has completed one full year of service. The increment will be calculated for the purpose of pensionary benefits and not for any other purpose.

With the aforesaid, the present petition is allowed.

(VINAY SARAF) JUDGE P/-