Vimal Shankar Nagar vs The State Of Madhya Pradesh
2024 Latest Caselaw 28110 MP

Madhya Pradesh High Court

Vimal Shankar Nagar vs The State Of Madhya Pradesh on 4 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2024:MPHC-IND:29042




                                                                1                             WP-30585-2024
                                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. 30585 of 2024
                                                 VIMAL SHANKAR NAGAR
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                     Shri Arvind Agnihotri - Advocate for the petitioner.
                                     Shri Sudeep Bhargava - Deputy Advocate General for the respondent /
                           State.

                                                                    ORDER

Per: Justice Vivek Rusia

By the instant petition, the petitioner is claiming that although petitioner stood retired on 30.06.2024 and the annual increment was to be

added on 1st of July of that year, but he was not granted the said benefit.

2. Learned counsel for the petitioner submits that the issue involved in the present case has already been settled by the Supreme Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCK and Ors. Vs. C.P. Mundinamani & Ors.) , wherein it has been held that 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 petitioner is also entitled to get the said benefit.

NEUTRAL CITATION NO. 2024:MPHC-IND:29042

2 WP-30585-2024

3. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamni (Supra) , this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2024 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 Court 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.

4. With the aforesaid, the petition stands allowed.

                                   (VIVEK RUSIA)                             (BINOD KUMAR DWIVEDI)
                                       JUDGE                                         JUDGE


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