Madhya Pradesh High Court
Smt.Aruna Pandey vs The State Of M. P. on 28 January, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:2159
1 WP-41541-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 28th OF JANUARY, 2025
WRIT PETITION No. 41541 of 2024
SMT.ARUNA PANDEY AND OTHERS
Versus
THE STATE OF M. P. AND OTHERS
Appearance:
None for the petitioners.
Shri Bhuwan Gautam - G.A. for respondent/State.
ORDER
Per: Justice Vivek Rusia
The petitioners claim that they stood superannuated from service on
30.06.2018 and 30.06.2017 respectively, and therefore, they are entitled to
get the benefit of annual increment which became due to them 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 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:2159
2 WP-41541-2024
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 / 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 petitioners shall not be entitled to bet the arrears and interest.
04. Admittedly, the petitioners superannuated from service on
30.06.2018 and 30.06.2017 respectively and they are entitled to get the
annual increment on the succeeding day of the retirement i.e. 1st July, 2018
and 1st July, 2017 respectively.
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 petitioner. 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:-
NEUTRAL CITATION NO. 2025:MPHC-IND:2159
3 WP-41541-2024
"(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 petitioners on 1st July, 2023. As per para (d), enhanced
pension will be payable to the petitioners including one increment from the
date of filing of the writ petition i.e. 20.12.2024. As per para (a), no
enhanced pension for the period prior to 31.04.2023 will be paid.
08. Writ Petition stands allowed in above terms.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
Vatan
