Kailash Narayan Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 28226 MP

Madhya Pradesh High Court

Kailash Narayan Tiwari vs The State Of Madhya Pradesh on 14 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2024:MPHC-IND:29218




                                                                1                              WP-30579-2024
                                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 14th OF OCTOBER, 2024
                                                  WRIT PETITION No. 30579 of 2024
                                          KAILASH NARAYAN TIWARI AND OTHERS
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                     Shri Arvind Agnihotri, counsel for the petitioners.
                                     Shri Sudeep Bhargava, G.A. for respondent/State.

                                                                    ORDER

Per: Justice Vivek Rusia

By the instant petition, the petitioners are claiming that although petitioners stood retired on 30.06.2021 and the annual increment was to be

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

2. Learned counsel for the petitioners 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 petitioners are also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed by

NEUTRAL CITATION NO. 2024:MPHC-IND:29218

2 WP-30579-2024 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 01.07.2021 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this Court order. The petitioners 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


                           MK