Trilochan Prasad Shukla vs The State Of Madhya Pradesh
2024 Latest Caselaw 27634 MP

Madhya Pradesh High Court

Trilochan Prasad Shukla vs The State Of Madhya Pradesh on 1 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2024:MPHC-IND:28717




                                                               1                               WP-28939-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          BEFORE
                                         HON'BLE SHRI JUSTICE SURESH KUMAR KAIT,
                                                       CHIEF JUSTICE
                                                             &
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                   ON THE 1 st OF OCTOBER, 2024
                                                 WRIT PETITION No. 28939 of 2024
                                              TRILOCHAN PRASAD SHUKLA
                                                        Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                 Shri Arvind Kumar Sharma - Advocate for the petitioner.
                                 Shri Sudeep Bhargava - Dy. A.G. for respondents/State.

                                                                ORDER

Per: Hon'ble Shri Justice Suresh Kumar Kait, Chief Justice

1. The petitioner has approached this Court by way of this petition under Article 226 of the Constitution of India claiming the benefit of annual increment w.e.f. 1.7.2012 along with arrears and interest. The petitioner retired from service on 30.6.2012 and all the terminal benefits were given to him by the respondents. Now he is claiming the annual increment w.e.f. 1st of July of that year, in light of

the judgment passed by the Supreme Court of India in the case of The Director (Admn. and HR) KPTCL & Others v/s C.P. Mundinamani & Others reported in 2023 SCC OnLine SC 401, whereby the benefit of annual increment fell due on 1st July of every year has been directed to be given to all the Government employees who retired on 30th June of the relevant year.

2. Learned counsel for the petitioner submits that the present petitioner is also entitled to get the said benefit of the annual increment which became payable

NEUTRAL CITATION NO. 2024:MPHC-IND:28717

2 WP-28939-2024 to him on 1st July with arrears and interest.

3. The learned counsel appearing for the respondents/State is not disputing the entitlement of the petitioner for the grant of annual increment w.e.f. 1.7.2012 but objects to the payment of arrears and interest from 2012 as there is a huge delay in filling the Writ Petition before this Court. Learned State counsel has placed reliance on the judgment of the Apex Court in the case of Rushibhai Jagdishbhai Pathak v/s Bhavnagar Municipal Corporation reported in 2022 SCC OnLine SC 641, in which the arrears and interest for three years before the date of filing of the Writ Petition has been granted to the writ petitioner due to approaching the High Court with the delay.

4. Considering the aforesaid submissions of the rival parties and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani &

Rushibhai Jagdishbhai Pathak (supra), this petition is allowed, by directing the respondents to grant the benefit of annual increment which was to be added with effect from 1.7.2012 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 order. The petitioner shall be entitled to arrears with interest only for three years before the date of filing of the present writ petition.

5. Writ Petition stands allowed to the extent indicated above.

                                    (SURESH KUMAR KAIT)                                  (VIVEK RUSIA)
                                        CHIEF JUSTICE                                        JUDGE


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