Madhya Pradesh High Court
Kuresha Bano vs The State Of Madhya Pradesh on 3 October, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2024:MPHC-JBP:50997
1 WP-30141-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 3 rd OF OCTOBER, 2024
WRIT PETITION No. 30141 of 2024
KURESHA BANO
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri A.K. Tiwari - Advocate for petitioner.
Shri Jubin Prasad - Panel Lawyer for State.
ORDER
This petition has been filed seeking the following reliefs:-
"(i) To call for the records from the possession of the
respondents, for kits kind perusal in relation to the
matter involved in the petition.
(ii) This Hon'ble may kindly be pleased to issue writ
of mandamus and command the respondents to decide
the representation dated 7.10.2023 and 12.8.2024 (P-
3) and extend the benefit of annual increment as held
by the Hon'ble Apex Court in case SLP(C)
No.8219/2020 (M.P. Power Trans. Co. Ltd) &
Director (Admn. &HR) KPTCL and ors. Vs. C.P.
Mundinamani and others and order passed in W.P.
NO.7869/24(Mahesh Kumar Sen Vs State of MP &
Others).
(iii) To command the respondents to revise
pay/pension of the petitioner and make the payment of
all consequential benefits and arrears of amount with
interest of 18% including gratuity and etc.
(iv) Any other relief which this Hon'ble Court may
deem just and proper in the facts and circumstances of
the case may be granted in favor of the petitioner."
The matter as raised in this petition again came up before the Hon'ble
Supreme Court for consideration and clarification and directions have been
NEUTRAL CITATION NO. 2024:MPHC-JBP:50997
2 WP-30141-2024
issued vide order dated 06.09.2024 in Miscellaneous Application Diary
No.2400 of 2024 in Special Leave Petition (C) No.4722 of 2021 (Union of
India and anr. v. M. Siddaraj), which reads as under:-
"It is stated that the Review Petition in Diary No.
36418/2024 filed by the Union of India is pending.
The issue raised in the present applications requires
consideration, insofar as the date of applicability of
the judgment dated 11.04.2023 in Civil Appeal No.
2471/2023, titled "Director (Admn. and HR) KPTCL
and Others v. C.P. Mundinamani and others", to third
parties is concerned.
We are informed that a large number of fresh writ
petitions have been filed.
To prevent any further litigation and confusion, by of
an interim order we direct that:
(a) The judgment dated 11.04.2023 will be given
effect to in case of third parties from the date of the
judgment, that is, the pension by taking into account
one increment will be payable on and after
01.05.2023. Enhanced pension for the period prior to
31.04.2023 will not be paid.
(b) For persons who have filed writ petitions and
succeeded, the directions given in the said judgment
will operate as res judicata, and accordingly, an
enhanced pension by taking one increment would
have to be paid.
(c) The direction in (b) will not apply, where the
judgment has not attained finality, and cases where an
appeal has been preferred, or if filed, is entertained by
the appellate court.
(d) In case any retired employee has filed any
application for intervention/impleadment in Civil
Appeal No. 3933/2023 or any other writ petition and a
beneficial order has been passed, the enhanced
pension by including one increment will be payable
from the month in which the application for
intervention/impleadment was filed.
This interim order will continue till further orders of
this Court. However, no person who has already
received an enhanced pension including arrears, will
be affected by the directions in (a), (c) and (d).
Re-list in the week commencing 04.11.2024."
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3 WP-30141-2024
In view whereof, this petition is disposed off in terms of the
clarification issued by the Hon'ble Supreme Court vide order dated
06.09.2024 in Miscellaneous Application Diary No.2400 of 2024 in Special
Leave Petition (C) No.4722 of 2021 (Union of India and anr. v. M.
Siddaraj).
(VISHAL MISHRA)
JUDGE
THK
