Madhya Pradesh High Court
The State Of Madhya Pradesh vs Munnalal on 6 March, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:5282
1 RP-191-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 6 th OF MARCH, 2025
REVIEW PETITION No. 191 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
MUNNALAL
Appearance:
Shri G.K. Agarwal - Government Advocate for the petitioners/State.
Shri Kamalkant Tiwari - Advocate for the respondent.
ORDER
Per: Justice Gurpal Singh Ahluwalia
This review petition has been filed against the order dated 16.08.2024
passed in W.P.No.23709/2024 by which the respondents were directed to
pay the increment which became due with effect from 01/07/2024.
2. Heard on I.A.No.905/2025, an application for condonation of delay.
3. For the reasons mentioned in the application, the same is allowed
and delay in filing this review petition is hereby condoned.
4. It is submitted by counsel for petitioners that Hon'ble Supreme
Court by order dated 06.09.2024 passed in the case of Union of India & Anr.
Vs. M. Siddaraj in Miscellaneous Application Diary no.2400/2024 in SLP
Civil No.4722/2021 has issued certain guidelines and therefore, the
respondent was not entitled for the enhanced pension with effect from
NEUTRAL CITATION NO. 2025:MPHC-GWL:5282
2 RP-191-2025
01/07/2024 but is entitled for the benefit of the judgment payable on or after
01/05/2023. However, it is fairly conceded that in Clause "b" of the aforesaid
order, the Supreme Court has held that "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". Direction "b" was further clarified by
Direction "c" by holding that the Direction "b" will not apply where the
judgment has not attended finality and cases where an appeal has been
preferred or if filed is entertained by the appellate Court. In the present case,
the writ petition was decided by order dated 16.08.2024 and this present
review petition has been filed on 31.01.2025. Thus, no proceedings in the
present case were pending on 06.09.2024. Accordingly, this Court is of the
considered opinion that no illegality could be pointed out by the counsel for
the petitioners in the order dated 16.08.2024 passed in W.P.No.23709/2024.
5. It is further submitted by counsel for petitioners that earlier there
was a state of uncertainty, therefore, additional increment was not being
paid. Thus, it is clear that withhelding of the additional increment was not a
deliberate act on the part of the State authorities but it was on account of
uncertainty.
6. It is further submitted that on 15.3.2024 also, the finance department
has issued a circular thereby giving general permission to pay additional
increment with effect from 1st of July and 1st of January as the case may be.
Therefore, it is submitted that interest which has been awarded from 1st of
July, 2024 may be waived.
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3 RP-191-2025
7. Considered the submissions made by counsel for petitioners.
8. Petitioners are right in making submission that on account of
uncertainty with regard to legal provision, State might have withheld the
additional increment but once law was laid down by the Supreme Court and
circular dated 15.3.2024 was also issued by the finance department, then
non-payment of additional increment which became payable either on 1st of
July or on 1st of January would certainly amount to deliberate withholding
of the same.
9. Under these circumstances, this Court is of the considered opinion
that order dated 16.08.2024 requires modification and by maintaining order
of payment of additional increment with effect from 01.7.2024, it is directed
that respondent shall be entitled for interest on the outstanding amount from
15th of March, 2024 till actual payment is made.
10. With aforesaid modification, review petition is disposed of.
(G. S. AHLUWALIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Monika
