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Madhya Pradesh High Court
Vinod vs The State Of Madhya Pradesh Through on 4 December, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:35571
1 WP-44729-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 4 th OF DECEMBER, 2025
WRIT PETITION No. 44729 of 2025
VINOD
Versus
THE STATE OF MADHYA PRADESH THROUGH AND OTHERS
Appearance:
Shri Kailash Chandra Yadav - Advocate for the petitioner.
Shri Bhuwan Gautam,GA for State.
ORDER
Per: Justice Vijay Kumar Shukla
01. The petitioner claims that he stood superannuated from service on
30.06.2022 and, therefore, he is entitled to get the benefit of annual increment which
became due to him on 01.07.2022. 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 the
employees who have been retired on 30th June / 31st December on 1st July or
1 st January as the case may be.
03. Learned Government Advocate for the respondents / State submits that there
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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 30.06.2022 and
he was entitled to get the annual increment on the succeeding day of the retirement i.e.
1 st July, 2022.
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
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retired Government employees who filed the petition / original application before the
High Court or Tribunal after the judgment passed in case of Union of 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.
(VIJAY KUMAR SHUKLA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
MK
