Madhya Pradesh High Court

Ramesh Kumar Sharma vs The State Of Madhya Pradesh on 27 June, 2025

1 WP-21826-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,
ACTING CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 27th OF JUNE, 2025
WRIT PETITION No. 34023 of 2024
RAM KUMAR DIXIT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Adarsh Patel - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.
WITH
WRIT PETITION No. 5592 of 2025
MURARI PRASAD MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jitendra Arya - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 17915 of 2025
BHAGWAN PRASAD SONKESARIA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Devesh Bhojne - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 18391 of 2025

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
2 WP-21826-2025
KUNWAR BAHADUR SINGH CHOUHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Awadhesh Kumar Singh - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 18555 of 2025
VIJAY SINGH SOLANKI
Versus
THE STATE OF MADHYA PRADES AND OTHERS
Appearance:
Shri Hemant Kumar Bannarwar - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 18576 of 2025
AASHARAM AVASHE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Hemant Kumar Bannarwar - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 19137 of 2025
PREM CHAND SHRIVAS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rajnish Kumar Pandey - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 19176 of 2025
SMT. SUNITA JAIN
Versus
STATE OF MADHYA PRADESH AND OTHERS
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
3 WP-21826-2025
Appearance:
Shri Rajnish Kumar Pandey - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 19384 of 2025
VISHNU RAO DESHMUKH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajeet Kumar Singh - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 19784 of 2025
MIRKHURAM PRAJAPATI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shravan Kumar Rao - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 20073 of 2025
GANESH PRASAD SONI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajeet Kumar Singh - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 20782 of 2025
MAHESH KUMAR MALVIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Vandana Tripathi - Advocate for petitioner.

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
4 WP-21826-2025
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 20785 of 2025
LAXMAN BOBDE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Vandana Tripathi - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21134 of 2025
DAYARAM RAJAK
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Bhupendra Kumar Mishra - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21135 of 2025
NEELMANI GAUTAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sachin Shukla - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21138 of 2025
NARESH KUMAR SHRIVASTAVA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manoj Kumar Mishra - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21186 of 2025

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
5 WP-21826-2025
JETHU PRASAD THAKUR
Versus
THE STATE OF MP AND OTHERS
Appearance:
Shri Manoj Kumar Mishra - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21209 of 2025
SMT. MEERA DEVI MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21212 of 2025
DAMODAR KOSHTA
Versus
THE STATE OF MP AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21233 of 2025
TULA RAM PATEL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21237 of 2025
RAMESH METKARKAR
Versus

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
6 WP-21826-2025
CHIEF ENGINEER AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21244 of 2025
BAL RAM SANODIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.

WRIT PETITION No. 21247 of 2025
ANAND KUMAR BAJPAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21265 of 2025
PRADEEP METKAR
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21268 of 2025
VAIDEHI PRASAD SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
7 WP-21826-2025
Appearance:
Shri Satya Prakash Mishra - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21271 of 2025
OMKAR PRASAD SHRIVASTAVA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21272 of 2025
LAKHAN LAL DHANYA
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21275 of 2025
SUSHIL KUMAR MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21437 of 2025
P.D. TIWARI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
8 WP-21826-2025
Shri Rajmani Mishra - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21564 of 2025
RAM MILAN RAI
Versus
THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
SECRETARY DEPARTMENT OF LAW AND LEGISLATIVE AFFAIRS
V AND OTHERS
Appearance:
Shri Santosh Kumar Tiwari - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21587 of 2025
BASANT SINGH BAGHEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Neetesh Kumar Singh - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21715 of 2025
SHIVNATH PRASAD VERMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Bal Krishna Mishra - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21826 of 2025
RAMESH KUMAR SHARMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
9 WP-21826-2025
Shri Hemant Kumar Bhannarwar - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21892 of 2025
SMT. SHAHEDA SAYYED
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashok Kumar Gupta - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21907 of 2025
RAMPRASAD BADHAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shrikant Shrivastava - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 21945 of 2025
SMT. SUMITRA DEVI SATNAMI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshul Tiwari - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 22323 of 2025
KRISHNA KAMAL SINGANDUPE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pawan Kawre - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 02-07-2025
10:42:02
10 WP-21826-2025

WRIT PETITION No. 22621 of 2025
VISHNU DATT SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vidya Prasad - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

WRIT PETITION No. 23307 of 2025
RAMESH DEOSA LOTE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Bhupendra Kumar Mishra - Advocate for petitioner.
Dr. S.S. Chouhan - Government Government Advocate for respondent/State.

ORDER

Per: Sanjeev Sachdeva, Acting Chief Justice

In all these writ petitions, a common question of fact and law is involved and therefore, they are heard analogously and disposed of by this common order.

2. A common grievance of the petitioners in this batch of writ petitions is with regard to grant of annual increment which became due on completion of one year's service before attaining the age of superannuation. In some of the cases, the petitioners or the employees whose widows/legal heirs have approached this Court, have retired from service on 30th June and while in others, they have retired on 31st December of the year of their superannuation. It is their case that they have not been extended the benefit

11 WP-21826-2025 of increment which otherwise became due to them on 1st July of the same year or 1st January of the next year, as the case may be. Hence, these petitions have been filed.

3. Learned counsel for the petitioners have placed reliance upon the judgment of the Supreme Court in the case of Director (ADMN) and HR KPTCL v. C.P. Mundinamani , 2023 SCC OnLine SC 401 , wherein it is held that the entitlement to receive annual 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 was liable to be paid to the employees.

4. Reference may be had to the circular dated 15.03.2024 issued by the Finance Department of the State of Madhya Pradesh, wherein all departments have been directed 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. Hence, it is prayed that the respondents may be directed to extend the pensionary benefits to the petitioners after adding annual increment from the due date along with arrears and interest thereon within a stipulated time.

5. Learned counsel for the State submits that the issue involved in the present petitions is covered by the said Circular and the same is being implemented and the cases are being scrutinized and processed accordingly.

6. Be that as it may, since petitioners/employees superannuated from

12 WP-21826-2025 service on 30th June or 31st December as the case may be, they are entitled to get the annual increment on the succeeding day of their retirement i.e. on 1st of July or 1st of January, as the case may be.

7. That this Court following the judgment of the Supreme Court in the case of Rushibhai Jagdishchandra Pathak Vs. Bhavnagar Municipal Corporation , 2022 SCC Online SC 641 had noticed that as there was delay in approaching the Court, the benefit of arrears was restricted to a period of three years immediately preceding the filing of the petition. However, the Supreme Court in respect of C.P. Mundinamani (supra) has clarified by order dated 06.09.2024 as further modified vide order dated 20.02.2025 in Miscellaneous Application (Diary) No.2400/2024 in Civil Appeal No. 3933/2023 titled Union of India & Another Vs. 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 filed an application for intervention/impleadment/writ petition/original

13 WP-21826-2025 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."

8. The Hon'ble Apex Court has held that the clause (d) will not apply to the retired Government employees who filed the petition / original application before the High Court or Tribunal after the judgment passed in case of Union of India and another V/s M. Siddaraj (passed on 19.05.2023 in Civil Appeal No.3933/2023) and in such cases clause (a) will apply. It has also been held that it will be open to any person aggrieved by non- compliance of the aforesaid directions to approach the concerned authorities in the first instance and if required, the administrative Tribunal or the High Court as per law. The Government has been directed to examine the cases of the petitioner in terms of the aforesaid order passed on 20.02.2025 and comply with the same expeditiously.

9. In this view of the matter, in the cases where there is a delay by the petitioners in approaching the Court, the benefit of arrears shall be restricted and shall be payable only w.e.f. 01.05.2023 and in other cases, the arrears shall be payable from the date of their retirement, along with interest @ 7% per annum as directed by the Supreme Court in the case of M. Siddaraj (supra).

10. Accordingly, the respondents are directed to grant the annual increment to the petitioners which became due to them on 1st of July of the year of their superannuation or 1st of January of the succeeding year, as the case

14 WP-21826-2025 may be, with all consequential benefits in the above manner. Further, it is directed that the amount accrued in favour of the petitioners on account of annual increment be paid to them within a period of six weeks in accordance with the order of the Supreme Court dated 20.02.2025 passed in the case of M. Siddaraj (supra).

11. In view of the foregoing, all these writ petitions are disposed of in the above terms.

(SANJEEV SACHDEVA) (VINAY SARAF) ACTING CHIEF JUSTICE JUDGE rk.