Dev Narayan Solanki vs The State Of M. P.
2024 Latest Caselaw 28094 MP

Madhya Pradesh High Court

Dev Narayan Solanki vs The State Of M. P. on 4 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2024:MPHC-IND:29069




                                                               1                              WP-30431-2024
                              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. 30431 of 2024
                                                   DEV NARAYAN SOLANKI
                                                           Versus
                                                THE STATE OF M. P. AND OTHERS
                           Appearance:
                                    Shri Kishori Lal Purohit - Advocate for the petitioner.
                                    Shri Sudeep Bhargava - Dy. Advocate General for the respondent /
                           State.

                                                                   ORDER

Per: Justice Vivek Rusia

01. The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction, directing the respondents to grant him annual increment fell due on 01.07.2022. The petitioner retired from service on 30.06.2022, after attaining

the age of superannuation.

02. Learned counsel for the petitioner submits that the issue involved in the present case has already been settled on 11.04.2023 by the Supreme Court recently in the case of Director (Admn. & HR) KPTCL & Others v/s C.P. Mundinamani & Others [Civil Appeal No.2471 of 2023 @ SLP (C) No.6185 of 2020] reported in 2023 LiveLaw (SC) 296, wherein it has been

NEUTRAL CITATION NO. 2024:MPHC-IND:29069

2 WP-30431-2024 held that the 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 petition is also entitled to get the said benefit.

03. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani (supra), the respondents are directed to grant the benefit of annual increment which was to be added with effect from 01.07.2022 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioner within a period of three months from the date of receipt of certified copy of this order. The petitioner shall also be entitled to interest @

6% per annum over the aforesaid arrears of pension from the date the arrears became due till the date of payment.

04. With the aforesaid, Writ Petition stands allowed to the extent indicated above.

                                      (VIVEK RUSIA)                           (BINOD KUMAR DWIVEDI)
                                          JUDGE                                       JUDGE


                           Divyansh