Madhya Pradesh High Court
Noor Mohammad vs The State Of Madhya Pradesh on 7 February, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
NEUTRAL CITATION NO. 2025:MPHC-IND:3254
1 WP-4426-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 7 th OF FEBRUARY, 2025
WRIT PETITION No. 4426 of 2025
NOOR MOHAMMAD
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Yash Jain - learned advocate for the petitioner.
Shri Bhuwan Gautam - learned Government Advocate for the
respondents/State.
ORDER
Per: Justice Sushrut Arvind Dharmadhikari
01. 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 1st of July of the succeeding year. In the case of
Director (ADMN) and HR KPTCL v/s C.P. Mundinamani reported in 2023
SCC OnLine SC 401, the Supreme Court has 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
NEUTRAL CITATION NO. 2025:MPHC-IND:3254
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to be paid to the employee.
02. Reference may also be had to Circular dated 15.03.2024 issued
by the Finance Department of the State of Madhya Pradesh directing all
departments to grant annual increment to all the employees who have retired
on 30th June / 31 st December with regard to annual increment that became
payable on 1st July or 1 st 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 and the cases are being
scrutinized and processed accordingly, but in case of delay in approaching
the Court, the petitioner shall not be entitled to bet the arrears and interest.
04. Admittedly, the petitioner superannuated from service on
30.06.2024 and he is entitled to get the annual increment on the succeeding
day of the retirement i.e. 1st July, 2024.
05. Now the sole issue which requires consideration by this Court as
to whether the petitioner shall be benefited to get interest and arrears due to
delay in approaching the Court. The Supreme Court in the case of Rushibhai
Jagduischandra Pathak v/s Bhavnagar Municipal Corporation reported in
2022 SCC Online 641 has already held that the benefit of arrears is liable to
be restricted to a period of three years immediately preceding the filing of
the petitioner. Now the Supreme Court of India in respect of C.P.
Mundinamani (supra) has clarified by order dated 06.09.2024 in
Miscellaneous Application (Diary) No.2400/2024 in Special Leave Petition
(C) No.4722 of 2021 [Union of India & Another v/s M. Siddaraj as under:-
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"(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."
06. In view of the above, since there is delay in approaching the Court
by the petitioner, the benefit of arrears to the petitioner shall be restricted as
per para (a) & (b) of the order dated 06.09.2024 (supra).
07. Accordingly, the respondents are directed to grant the annual
increment to the petitioner on 1st July, 2023. As per para (d), enhanced
pension will be payable to the petitioner including one increment from the
date of filing of the writ petition i.e. 04/02/2025. As per para (a), no
enhanced pension for the period prior to 31.04.2023 will be paid.
08. Writ Petition stands allowed in the above terms.
(SUSHRUT ARVIND DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
skt
