Madhya Pradesh High Court
Shubhash Chandra Sharma vs M.P. Pashim Kshetra Vidhut Vitran Co. ... on 14 February, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:4046
1 WP-358-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 14th OF FEBRUARY, 2025
WRIT PETITION No. 358 of 2025
SHUBHASH CHANDRA SHARMA
Versus
M.P. PASHIM KSHETRA VIDHUT VITRAN CO. LTD AND OTHERS
Appearance:
None for the petitioner.
Shri Madhusudan Dwivedi, counsel for the respondent Nos.1 to 3.
Shri Mayank Mishra, P.L for respondent No.4.
ORDER
The petitioner claims that he stood superannuated from service on
31.12.2023 and therefore, he is entitled to get the benefit of annual increment
which became due to him 1st of January of the succeeding year. In the case
o f 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
to be paid to the employee.
02. Reference may also be made to Circular dated 15.03.2024 issued
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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
31.12.2023 and he is entitled to get the annual increment on the succeeding
day of the retirement i.e. 1st January, 2024.
05. 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:-
"(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
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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. Accordingly, in view of the judgment of Apex Court, the
respondents are directed to grant the annual increment to the petitioner on 1st
January, 2024. 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. 20.1.2025.
Writ Petition stands allowed in the above terms
(VIJAY KUMAR SHUKLA)
JUDGE
MK
