Madhya Pradesh High Court
Shankarlal vs Madhya Pradesh Paschim Kshetra Vidyut ... on 14 May, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:12698
1 WP-16790-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 14 th OF MAY, 2025
WRIT PETITION No. 16790 of 2025
SHANKARLAL
Versus
MADHYA PRADESH PASCHIM KSHETRA VIDYUT VITARAN COMPANY
LIMITED AND OTHERS
Appearance:
None for the petitioner.
Shri Bhuwan Deshmukh, learned GA for the State.
ORDER
The petition has been filed by the petitioner praying for the following
reliefs:-
"7.1 That, this Hon'ble Court may pleased to issue
appropriate writ/order/direction to direct the
respondent authority to grant the annual increment
to the petitioner which was due on the 1st of
January.
7.2 That, this Hon'ble Court may further pleased to
direct the respondents to revised the pension of the
petitioner accordingly and grant arrear alongwith
interest."
2. The petitioner claims that he stood superannuated from service on
31.12.2013, and therefore, he is entitled to get the benefit of annual increment
which became due to him 1st of January of the succeeding year. In the case
o f 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
NEUTRAL CITATION NO. 2025:MPHC-IND:12698
2 WP-16790-2025
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.
3. 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 /
31st December with regard to annual increment that became payable on 1 st July or
1st January as the case may be.
4. 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.
5. Admittedly, the petitioner superannuated from service on 31.12.2013 and
he is entitled to get the annual increment on the succeeding day of the retirement
i.e. 1st January, 2014.
6. 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:12698
3 WP-16790-2025
"(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."
7. 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).
8. Accordingly, the respondents are directed to grant the annual increment to
the petitioner on 1st January, 2024. 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. 6/5/2025. As per para (a), no enhanced pension for the period prior to
31.04.2023 will be paid.
9. Writ Petition stands allowed in the above terms.
(VIJAY KUMAR SHUKLA)
JUDGE
ajit
