Madhya Pradesh High Court
Rajendra vs The State Of Madhya Pradesh on 3 October, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2024:MPHC-IND:28907
1 WP-29985-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 3 rd OF OCTOBER, 2024
WRIT PETITION No. 29985 of 2024
RAJENDRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Ranjana Gawade - Advocate for the petitioner.
Shri Sudeep Bhargava - Dy. Advocate General for the
respondent/State.
ORDER
Per: Justice Vivek Rusia
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. 01.07.2012 along with arrears and interest. The petitioner
retired from service on 30.06.2012 and all the terminal benefits were given
to him by the respondents. Now he is claiming the annual increment w.e.f.
1 st 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
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June of the relevant year.
02. 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 to him on 1st July with arrears and interest.
03. The learned State counsel appearing for the respondents/State is
not disputing the entitlement of the petitioner for the grant of annual
increment w.e.f. 01.07.2012, 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.
04. 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 01.07.2012 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.
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05. Writ Petition stands allowed to the extent indicated above.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
vidya
