Madhya Pradesh High Court
Shivkumar Dubey vs Adhiwasi Vikas Vibhag on 13 February, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:3867
1 WP-14622-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
&
HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA
ON THE 13th OF FEBRUARY, 2025
WRIT PETITION No. 14622 of 2022
SHIVKUMAR DUBEY
Versus
ADHIWASI VIKAS VIBHAG AND OTHERS
Appearance:
Shri Kailash Chandra Kabra - advocate for the petitioner.
Shri Bhuwan Gautam - Government Advocate for the
respondents/State.
ORDER
Per: Justice Vijay Kumar Shukla
The petitioner is seeking a direction for the department to extend the
benefit of annual increment in view of the order dated 11.07.2023 passed by
Apex Court in the Director (Admn and HR) KPTCL and Ors Vs. CP
Mundinamani and Ors passed in Civil Appeal No.247/2023.
Learned counsel for the respondents/State pointed-out that issue
regarding the claim of annual increment has already been decided by
Division Bench of this Court in the matter of Giriraj Kumar Joshi vs. The
State of M.P. and others passed in W.P. No.37618/2024 dated 29/11/2024
and submits that the Apex Court by interim order dated 06.09.2024 in Union
of India and Anor Vs. M. Siddaraj passed in MA Diary No.2400/2024 in
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Special Leave Petition (c) No.4722/2021 has clarified the judgment passed in
the case of C.P. Mundinamani (supra) . The order reads as under:-
"The issue raised in the present applications requires consideration,
insofar as the date of applicability of the judgment dated 11.04.2023 in Civil
Appeal No. 2471/2023, titled "Director (Admn. and HR) KPTCL and Others
v. C.P. Mundinamani and Others", to third parties is concerned.
We are informed that a large number of fresh writ petitions have been
filed.
To prevent any further litigation and confusion, by of an interim order
we direct 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 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
NEUTRAL CITATION NO. 2025:MPHC-IND:3867
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application for intervention/impleadment was filed."
In view of clause of the said order, the counsel for the respondents/State
submits that the petitioner shall be entitled for increment with effect from
01.07.2022, the date of filing of the petition.
Considering the aforesaid submission and the order passed by the Apex
Court, the present petition is disposed off with a direction to the respondents
to grant the annual increment to the petitioner with effect from 01.07.2022
and recalculate the benefit of retiral dues and pension and issue fresh PPO in
favour of the petitioner within the period of three months from the date of
filing of a copy of the order passed today before the competent authority.
The petitioner is granted liberty to file a fresh petition subject to final order
passed by the Apex Court.
(VIJAY KUMAR SHUKLA) (DUPPALA VENKATA RAMANA)
JUDGE JUDGE
Aiyer
