Madhya Pradesh High Court
Ganga Malviya vs The State Of Madhya Pradesh on 29 January, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:2257
1 WP-1549-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 29th OF JANUARY, 2025
WRIT PETITION No. 1549 of 2025
GANGA MALVIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms.Vandana Tripathi, learned counsel for the petitioner through VC.
Shri Shashank Sharma, learned counsel for the respondent/state.
ORDER
The petitioner has prayed following reliefs:-
(i) The Court may be pleased to issue a writ in the nature of
mandamus, as the Madhya Pradesh Government Finance
Department, Vallabh Bhawan Ministry, Bhopal issued a circular
no/F 8-1/2024/rule/4 on the order dated 15 March 2024 Anne.P/3
to the effect that the government servants who have retired on 30
June or 31 December and in whose cases decisions have been
given by the court, will be given the benefit of increment. The
petitioner is also covered as per the order dt. 15/03/2024. For this
reason, under the right to equality, the respondent authority should
be directed to act in favor of petitioner husband is entitled for one
annual increment w.e.f. 2019 up to 31th December 2020 should be
given within the time limit in the interest of justice.
(ii) Any other writ/order or direction, which this Court deems fit
and proper in the facts and circumstances of the case, may also
kindly be passed, in the interest of justice."
The husband of the petitioner was a government employee who has
died. The petitioner has prayed a direction to grant annual increment with
effect from 1st January.
Learned counsel for the petitioner submits that the case is covered by
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the order passed by this court in the case of WP No.22138/2024
(Maheshchandra Sharma Vs. State of MP).
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.
Reference may also be made to the 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.
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.
Admittedly, the petitioner superannuated from service on 31.12.2020
and he is entitled to get the annual increment on the succeeding day of the
retirement i.e. 1st January, 2021.
Now the sole issue which requires consideration by this Court as to
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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:-
"(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."
In view of the above, since there is delay in approaching the Court by
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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).
Accordingly, the respondents are directed to grant the annual
increment to the petitioner on 1st January, 2021. 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. 24.01.2025. As per para (a), no
enhanced pension for the period prior to 31.04.2023 will be paid.
Writ Petition stands allowed in the above terms.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
