Madhya Pradesh High Court
Pradeep Kulkarni vs The State Of Madhya Pradesh on 7 February, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
NEUTRAL CITATION NO. 2025:MPHC-IND:3188
1 WP-36063-2024
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. 36063 of 2024
PRADEEP KULKARNI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None for the petitioner.
Shri Bhuwan Gautam - Learned Government Advocate for the
respondents/State.
ORDER
Per: Justice Sushrut Arvind Dharmadhikari
The petitioner claims that he stood superannuated from service on
30/06/2020 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
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to be paid to the employee.
2. 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.
3. 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 get the arrears and interest.
4. Admittedly, the petitioner superannuated from service on 30.06.2020
and he is entitled to get the annual increment on the succeeding day of the
retirement i.e. 1st July, 2020.
5. 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
Jagdischandra 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
petition. 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."
6. 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).
7. 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. 14.11.2024. As per para (a), no
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enhanced pension for the period prior to 31.04.2023 will be paid.
8. Writ Petition stands allowed in the above terms.
(SUSHRUT ARVIND DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
HS
