Madhya Pradesh High Court
Santosh Kumar Agrawal vs The State Of Madhya Pradesh on 22 April, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 22nd OF APRIL, 2025
WRIT PETITION No. 10005 of 2025
SANTOSH KUMAR AGRAWAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shailesh Tiwari - Advocate for petitioner.
Shri Swapnil Ganguly - Deputy Advocate General for respondents/State.
ORDER
This petition has been filed seeking the following reliefs:-
"(i) A writ order of direction in the nature of mandamus kindly be
pleased to direct the respondents to grant the benefits of annual
increment to the petitioner as to be added on 01.01.2010 and be
pleased to award arrears of such increments in favour of the
petitioner with interest @ 18% P.A.
(ii) Kindly be pleased to direct the respondents to revise monthly
pension of the petitioner with calculation of annual increment as
due on 01.01.2010;
(iii) To call for the relevant records, for kind perusal of this
Hon'ble Court;
(iv) Any other relief's deemed fit on facts and circumstances of
the instant case."
Learned Deputy Advocate General appearing for the respondents/State
has brought to the notice of this Court a judgment passed by the Hon'ble
Supreme Court in the case of Union of India and another vs. M. Siddaraj
(Special Leave Petition (C) No.4722 of 2021) wherein certain guidelines
have been issued by the Hon'ble Supreme Court for consideration of the
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similar cases looking to the large numbers of cases filed throughout the
country. Accordingly, the cases of the employees are to be dealt with in
terms of the guidelines that have carved out by the Hon'ble Supreme Court in
the case of M. Siddaraj (supra).
The Hon'ble Supreme Court in the case of M. Siddaraj (supra) has held
as under:
"(a) The judgment dated 11.04.2023 will be given effect to in case
of third parties from the date of the judgment, that is, the pension
by taking into account one increment will be payable on and after
01.05.2023. Enhanced pension for the period prior to 31.04.2023
will not be paid.
(b) For persons who have filed writ petitions and succeeded, the
directions given in the said judgment will operate as res judicata,
and accordingly, an enhanced pension by taking one increment
would have to be paid.
(c) The direction in (b) will not apply, where the judgment has not
attained finality, and cases where an appeal has been preferred, or
if filed, is entertained by the appellate court.
(d) In case any retired employee has filed any application for
intervention/impleadment in Civil Appeal No. 3933/2023 or any
other writ petition and a beneficial order has been passed, the
enhanced pension by including one increment will be payable
from the month in which the application for intervention/
impleadment was filed.""
In view of the clarifications issued by the Hon'ble Supreme Court in
the case of M. Siddaraj (supra), the case of the petitioner has to be
considered by the authorities.
Accordingly, this petition is disposed off with a direction to the
authorities to dealt with the representation of the petitioner in accordance
with the guidelines that have been carved out by the Hon'ble Supreme Court
in the case of M. Siddaraj (supra). The entire exercise be completed within a
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period of 90 days from the date of receipt of a certified copy of this order.
Accordingly, the writ petition stands disposed off. No order as to
costs.
(VISHAL MISHRA)
JUDGE
sj
