Madhya Pradesh High Court
Vijay Singh Bais vs The State Of Madhya Pradesh on 8 January, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:911
1 WP-19385-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8 th OF JANUARY, 2025
WRIT PETITION No. 19385 of 2024
VIJAY SINGH BAIS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Awadhesh Kumar Singh - Advocate for petitioner.
Shri Jubin Prasad - Panel Lawyer for State.
ORDER
This petition has been filed seeking the following reliefs:-
"(i) The Hon'ble High Court may kindly be pleased to issue a Writ
in the nature of mandamus directing the respondents to extend the
benefit of 01 increment after retirement as per the directions given
by Hon'ble Supreme Court in SLP (C) No.8219 of 2020 (Madhya
Pradesh Power Transmission Company Limited and another
vs. S.R. Ramchandran and others) dated 11.07.2023 (Annexure P-
2) by speaking order within a stipulated period.
(ii) The Hon'ble High Court may kindly be pleased to issue a Writ
in the nature of mandamus directing the respondents to pay
difference of salary and pension to the petitioner.
(iii) Any other efficacious remedy/remedies and or relief/reliefs,
which this Hon'ble High Court considers fit, necessary and
appropriate in the circumstances of the case kindly be granted to
the petitioner.
(iv) Costs of the Writ Petition together with petitioner's counsel
fee, ordered to be taxed, against State respondent."
The matter as raised in this petition again came up before the Hon'ble
Supreme Court for consideration and clarification and directions have been
issued vide order dated 06.09.2024 in Miscellaneous Application Diary
No.2400 of 2024 in Special Leave Petition (C) No.4722 of 2021 (Union of
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2 WP-19385-2024
India and anr. v. M. Siddaraj), which reads as under:-
"It is stated that the Review Petition in Diary No. 36418/2024 filed
by the Union of India is pending.
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 application for
intervention/impleadment was filed.
This interim order will continue till further orders of this Court.
However, no person who has already received an enhanced
pension including arrears, will be affected by the directions in (a),
(c) and (d).
Re-list in the week commencing 04.11.2024."
In view whereof, this petition is disposed off in terms of the
clarification issued by the Hon'ble Supreme Court vide order dated
06.09.2024 in Miscellaneous Application Diary No.2400 of 2024 in Special
Leave Petition (C) No.4722 of 2021 (Union of India and anr. v. M. Siddaraj).
The respondents to consider the case of the petitioner in terms of the
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clarification issued by the Hon'ble Supreme Court and pass an order within a
period of 90 days from the date of receipt of certified copy of this order.
The writ petition stands disposed off with the aforesaid observations.
(VISHAL MISHRA)
JUDGE
THK
