Shri Radheshyam Dhakad vs The State Of Madhya Pradesh
2024 Latest Caselaw 28222 MP

Madhya Pradesh High Court

Shri Radheshyam Dhakad vs The State Of Madhya Pradesh on 14 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2024:MPHC-IND:29224




                                                                1                             WP-30676-2024
                                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 14 th OF OCTOBER, 2024
                                                  WRIT PETITION No. 30676 of 2024
                                                 SHRI RADHESHYAM DHAKAD
                                                           Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                 Sudeep Bhargava appearing on behalf of Advocate General.

                                                                 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. 01.07.2016 along with arrears and interest. The petitioner retired from service on 30.06.2016 and all the terminal benefits were given to him by the respondents. Now he 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.

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 counsel appearing for the respondents/State is not disputing

NEUTRAL CITATION NO. 2024:MPHC-IND:29224

2 WP-30676-2024

the entitlement of the petitioner for the grant of annual increment w.e.f. 01.07.2016 but objects to the payment of arrears and interest from 2016 as there is a huge delay in filing 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 01.07.2016 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.

05. Writ Petition stands allowed to the extent indicated above.

                                    (VIVEK RUSIA)                                 (BINOD KUMAR DWIVEDI)
                                        JUDGE                                             JUDGE


                           MK