Madhya Pradesh High Court
Nisha Kulkarni vs Managing Director M.P. Paschim Kshetra ... on 21 February, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:4760
1 WP-6301-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 21st OF FEBRUARY, 2025
WRIT PETITION No. 6301 of 2025
NISHA KULKARNI
Versus
MANAGING DIRECTOR M.P. PASCHIM KSHETRA VIDYUT VITRAN
COMPANY LTD AND OTHERS
Appearance:
Shri Dheeraj Singh Panwar - Advocate for the petitioner.
ORDER
Per: Justice Vivek Rusia
The petitioner claims that her husband stood superannuated from
service on 30.06.2008, and therefore, he is entitled to get the benefit of
annual increment which became due to him 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 2023 SCC Online SC 401 , the
Supreme Court has held that the entitlement to receive increment crystallises
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.
NEUTRAL CITATION NO. 2025:MPHC-IND:4760
2 WP-6301-2025
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 / 31st December with regard to annual increment that became
payable on 1st July or 1st 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 get the arrears and interest.
04. Admittedly, the petitioner's husband superannuated from service
on 30.06.2008 and he is entitled to get the annual increment on the
succeeding day of the retirement i.e. 1st July, 2008.
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 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 India &
Another v/s M. Siddaraj as under:-
NEUTRAL CITATION NO. 2025:MPHC-IND:4760
3 WP-6301-2025
"(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. 18.02.2025. 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.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
vidya
