Madhya Pradesh High Court
Mr.Haridas Bairagi vs The State Of Madhya Pradesh on 4 October, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2024:MPHC-IND:29001
1 WP-28821-2024
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. 28821 of 2024
MR.HARIDAS BAIRAGI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sanidhya Nema - Advocate for the petitioner.
Shri Sudeep Bhargava - Dy. A.G. for respondent/State.
ORDER
Per: Justice Vivek Rusia
1. 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. 1.7.2020 along with arrears and interest. The petitioner retired from service
on 30.6.2020 and all the terminal benefits were given to him / her by the
respondents. Now he/she is claiming the annual increment w.e.f. 1st 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 June of the relevant year.
2. 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
NEUTRAL CITATION NO. 2024:MPHC-IND:29001
2 WP-28821-2024
to him/her on 1st July with arrears and interest.
3. The learned counsel appearing for the respondents/State is not disputing
the entitlement of the petitioner for the grant of annual increment w.e.f. 1.7.2020
but objects to the payment of arrears and interest from 2020 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.
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 &
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 1.7.2020 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.
5. Writ Petition stands allowed to the extent indicated above.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
SS/-
