Madhya Pradesh High Court
Ramesh Chandra Pushpad vs The Madhya Pradesh Power Management ... on 7 August, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:21089
1 WP-30492-2025
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 7 th OF AUGUST, 2025
WRIT PETITION No. 30492 of 2025
RAMESH CHANDRA PUSHPAD
Versus
THE MADHYA PRADESH POWER MANAGEMENT COMPANY LIMITED
AND OTHERS
Appearance:
Shri Shubham Dholpure - Advocate for the petitioner.
Shri Sudeep Bhargava - Dy. A.G. for the respondent/State.
ORDER
Per: Justice Vivek Rusia
The petitioner claims that he stood superannuated from service on
30.06.2024 and, therefore, he is entitled to get the benefit of annual increment
which became due to him on 01.07.2024. In the case of Director (ADMN) and
HR KPTCL v/s C.P. Mundinamani reported in 2023 SCC OnLine SC 401 , the
Supreme Court held that the entitlement to receive increment crystallizes when the
Government servant completes a requisite length of service with good conduct and
becomes payable on the succeeding day. The Supreme Court further held that
annual increment earned on the last day of service for rendering good service
preceding one year from the date of retirement with good behaviour and efficiency
is liable to be paid to the employee.
02. The Government of Madhya Pradesh has already issued Circular dated
15.03.2024 directing all Government departments to grant annual increment to all
NEUTRAL CITATION NO. 2025:MPHC-IND:21089
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the employees who have been retired on 30th June / 31st December on 1st July or
1st January, as the case may be.
03. Learned Government Advocate for the respondents / State submits that
there are thousands of employees who are governed by the Circular and the said
Circular is being implemented, but in case of delay in approaching the Court, the
petitioner shall not be entitled to get the arrears and interest.
04. Admittedly, the petitioner has superannuated from service on
30.06.2024 and he was entitled to get the annual increment on the succeeding day
of the retirement i.e. 1st July, 2024.
05. The Hon'ble Apex Court has recently disposed of the Civil Appeal
No.3933/2023 (Union of India and another V/s M. Siddaraj) decided on
20.02.2025 in respect of grant of annual increment to the retired Government
employees who retired on 30th June from the service. The directions issued in the
said order are 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 filed an application for
intervention/impleadment/writ petition/original application before the
Central Administrative Tribunal/High Courts/this Court, the enhanced
pension by including one increment will be payable for the period of
three years prior to the month in which the application for intervention/
impleadment/ writ petition/ original application was filed."
06. The Hon'ble Apex Court has held that the clause (d) will not apply to
the retired Government employees who filed the petition / original application
before the High Court or Tribunal after the judgment passed in case of Union of
NEUTRAL CITATION NO. 2025:MPHC-IND:21089
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India and another V/s M. Siddaraj (passed on 19.05.2023 in Civil Appeal
No.3933/2023) and in such cases clause (a) will apply. It has also been held that it
will be open to any person aggrieved by non-compliance of the aforesaid
directions to approach the concerned authorities in the first instance and if
required, the administrative Tribunal or the High Court as per law. The
Government has been directed to examine the cases of the petitioner in terms of
the aforesaid order passed on 20.02.2025 and comply with the same
expeditiously.
07. In view of the above, this petition is disposed of by giving direction to
the petitioner to submit a detailed representation within a period of 30 days from
today by way of registered post to the respondent / Competent Authority.
08. After receipt of the representation, the authority shall consider and
grant the benefit as per Para (a) of the order dated 20.02.2025 passed by the
Hon'ble Apex Court i.e. one increment will be given from 01.05.2023 and prior to
31.04.2023 no enhanced pension will be paid.
09. Writ Petition stands disposed of in the above terms.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Vatan
