Mansharam Kushwaha vs Managing Director
2024 Latest Caselaw 16424 MP

Madhya Pradesh High Court

Mansharam Kushwaha vs Managing Director on 31 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 31 st OF MAY, 2024
                                               WRIT PETITION No. 15085 of 2024

                           BETWEEN:-
                           MANSHARAM KUSHWAHA S/O NANA KUSHWAHA,
                           AGED ABOUT 67 YEARS, OCCUPATION: SERVICE
                           (RETIRED)  ABHAPURI, JHIRANYA, KHARGONE
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI DHEERAJ SINGH PANWAR - ADVOCATE)

                           AND
                           1.    MANAGING DIRECTOR M.P. PASCHIM KSHETRA
                                 VIDYUT   VITRAN COMPANY LTD.      G.P.H.
                                 COMPOUND POLO GROUND, INDORE (MADHYA
                                 PRADESH)

                           2.    CHIEF    ENGINEER   (INDORE  REGION) M.P.
                                 PASCHIM KSHETRA VIDYUT VITRAN COMPANY
                                 LTD. G.P.H. COMPOUND POLO GROUND INDORE
                                 (MADHYA PRADESH)

                           3.    EXECUTIVE ENGINEER (O AND M) CIRCLE M.P.
                                 PASCHIM KSHETRA VIDYUT VITRAN COMPANY
                                 LTD. KHARGONE II (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI ABHISHEK TUGNAWAT - 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 30.06.2017 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 01.07.2017 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 ns