Madhya Pradesh High Court
Ramesh Babu Verma vs The State Of Madhya Pradesh on 26 June, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia, Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:12841
1 WP-23234-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 26 th OF JUNE, 2025
WRIT PETITION No. 23234 of 2025
RAMESH BABU VERMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aditya Dixit - Counsel for the petitioner.
Shri Vivek Khedkar - Additional Advocate General for respondents/ State.
ORDER
Per: Justice Gurpal Singh Ahluwalia
This writ petition under Article 226 of the Constitution of India has been
filed seeking the following reliefs:-
"i- That the respondents may kindly be directed to grant the benefit of
annual increment payable on 01.07.2009 to petitioner.
ii- That respondents may kindly be further directed to re-fix the
pension and pay the differential amount of pension and other arrears
such as Gratuity and Leave Encashment along with interest.
iii- That cost of litigation be also directed to be paid to the petitioner.
iv - Any other relief which this Hon'ble Court deems fit in the facts and
circumstances of the case may also kindly be granted.
2 . It is the case of petitioner that petitioner has superannuated on
30.06.2009 and he has not been granted one increment which became due w.e.f.
01.07.2009.
3. Per contra, it is submitted by counsel for State that the case in hand is
duly covered by judgment passed by Supreme Court in the case of Union of India
NEUTRAL CITATION NO. 2025:MPHC-GWL:12841
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and another Vs. M. Siddaraj in Miscellaneous Application Diary No.2400 of 2024
in Civil Appeal No.3933 of 2023.
4. Heard the learned counsel for the parties.
5. The Supreme Court in the case of M. Siddaraj (supra) has held as under:-
"Delay condoned.
We had passed the following interim order dated 06.09.2024, the
operative portion of which reads 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."
We are inclined to dispose of the present miscellaneous applications
directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will
be treated as final directions. We are, however, of the opinion that
Clause (d) of the order dated
06.09.2024 requires modification which shall now read as
under:
"(d) In case any retired employee filed an application for
intervention/impleadment/writ petition/original application
before the Central Administrative Tribunal/High Courts/this
Court, the enhanced pension by including one increment will
be payable for the period of three years prior to the month in
which the application for intervention/ impleadment/ writ
petition/ original application was filed."
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Further, clause (d) will not apply to the retired government employee
who filed a writ petition/original application or an application for
intervention before the Central Administrative Tribunal/High
Courts/this Court after the judgment in "Union of India & Anr. v. M.
Siddaraj"1, as in such cases, clause (a) will apply.
Recording the aforesaid, the miscellaneous applications are disposed
of.
We, further, clarify that in case any excess payment has already been
made, including arrears, such amount paid will not be recovered.
It will be open to any person aggrieved by non-compliance with the
directions and the clarification of this Court, in the present order, to
approach the concerned authorities in the first instance and, if required,
the Administrative Tribunal or High Court, as per law.
Pending applications including all intervention/impleadment
applications shall stand disposed of in terms of this order."
6. Accordingly, this petition is disposed of in the terms and conditions of
the directions given by Supreme Court in the case of M. Siddaraj (supra) .
(G. S. AHLUWALIA) (HIRDESH)
JUDGE JUDGE
ar
