Madhya Pradesh High Court
The State Of Madhya Pradesh vs Hans Kumari Arya on 7 August, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:21277
1 RP-1190-2025
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
REVIEW PETITION No. 1190 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
HANS KUMARI ARYA
Appearance:
Shri Bhuwan Gautam - G.A. for the petitioner/State.
Shri Om Prakash Raghuvanshi on behalf of Shri Kishori Lal Purohit -
Advocate for the respondent.
ORDER
Per: Justice Vivek Rusia
The petitioners have filed this review petition under Order 47 Rule 1
of Civil Procedure Code, 1908 seeking review of the order dated 25.07.2024,
whereby the W.P. No.20643/2024 has been allowed by giving directions to
the petitioners to grant the benefit of annual increment w.e.f. 01.07.2022 and
issue a fresh PPO within a period of three months. The writ petitioner has
also been held entitled for 6% interest per annum over the arrears of pension
from the date the arrears became due till the date of payment.
2. The present review is filed relying on an order dated 06.09.2024
passed in Miscellaneous Application (Diary) No.2400/2024 in Special Leave
Petition (C) No.4722/2021 [Union of India & Another Vs. M. Siddaraj] . In
NEUTRAL CITATION NO. 2025:MPHC-IND:21277
2 RP-1190-2025
the said order, following four directions were given which are as under:-
"To prevent any further litigation and confusion, by of an interim
order we directed that:
(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 no 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.
This interim order will continue till further orders of this Court.
However, no person who has already received an enhanced
pension including arrears, will be affected by the directions in (a),
(c) and (d)."
3. Thereafter, the Apex Court has modified the condition No.(d) vide
order dated 20.02.2025. Relevant part of the aforesaid order is reproduced
below:-
"We are inclined to dispose of the present miscellaneous
applications directing that clauses (a), (b) and (c) of the order
dated 06.09.2024 will be treated as final directions. We are,
however, of the opinion that clause (d) of the order dated
06.09.2024 requires modification which shall now read as under:
"(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 petition/ original application was filed."
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Further, clause (d) will not apply to the retired government
employee who filed a writ petition/original application or an
application for intervention before the Central Administrative
Tribunal/High Courts/this Court after the judgment in "Union of
India & Anr. v. M. Siddaraj [Dated 19.05.2023 in Civil Appeal
No.3933/2023] as in such cases, clause (a) will apply."
4. It is clear from the aforesaid orders of the Apex Court that those
who have filed the writ petition/ original application or an application for
intervention before CAT/High Courts/Supreme Court after 19.05.2023, the
clause (a) will apply i.e. they will be paid the pension after 01.05.2023 by
taking into account one increment and the enhanced pension for the period
prior to 31.04.2023 will not be paid.
5. Therefore, in view of the judgment passed by the Apex Court, the
order dated 25.07.2024 passed in W.P. No.20643/2024 is modified to the
extent that "the petitioner be given enhanced pension by taking into account
one increment after 01.05.2023 and enhanced pension for the period prior to
31.04.2023 will not be paid".
6. With the aforesaid, Review Petition is disposed of.
Copy of this order be placed in the record of W.P. No.20643/2024
and both the orders be read conjointly.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Vatan
