Triolkchand vs The State Of Madhya Pradesh
2024 Latest Caselaw 28092 MP

Madhya Pradesh High Court

Triolkchand vs The State Of Madhya Pradesh on 4 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2024:MPHC-IND:29045




                                                                1                              WP-28505-2024
                              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 4 th OF OCTOBER, 2024
                                                 WRIT PETITION No. 28505 of 2024
                                                     TRIOLKCHAND
                                                         Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Ms. Archana Maheshwari, counsel for the petitioner.
                                   Shri Sudeep Bhargava appearing on behalf of Advocate General.

                                                                    ORDER

Per: Justice Vivek Rusia

1. The petitioner has approached this court by way of this petition claiming

the benefit of annual increment w.e.f. 1 st January, 2013 along with arrears and interest. The petitioner retired from service on 31.12.2012 and all the terminal benefits were given to him by the respondents. Now he is claiming the annual increment w.e.f. 1st of January 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 & Ors. Vs. C.P.Mundinamani & Ors. 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

NEUTRAL CITATION NO. 2024:MPHC-IND:29045

2 WP-28505-2024 also entitled to get the said benefit of the annual increment which became payable to him on 1st January with arrears and interest.

3. 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. 01.01.2013, but objects to the payment of arrears and interest from 2013 as there is 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 Vs. Bhavnagar Municipal Corporation [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 and 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 01.01.2013 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 @6% per annum only for three years before the date of filing of the writ petition.

5. With the aforesaid, the petition stands allowed to the extent indicated above.

                                     (VIVEK RUSIA)                              (BINOD KUMAR DWIVEDI)
                                         JUDGE                                          JUDGE








           NEUTRAL CITATION NO. 2024:MPHC-IND:29045




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