Ahok Kumar Raut vs The State Of Madhya Pradesh
2025 Latest Caselaw 905 MP

Madhya Pradesh High Court

Ahok Kumar Raut vs The State Of Madhya Pradesh on 17 May, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2025:MPHC-IND:13237




                                                              1                           WP-17503-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                            &
                                          HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                    ON THE 17th OF MAY, 2025
                                                WRIT PETITION No. 17503 of 2025
                                                  AHOK KUMAR RAUT
                                                        Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Arvind Agnihotri - Advocate for the petitioner.
                                   Shri Vishwajit Joshi -Government Advocate for the respondents State.

                                                                  ORDER

Per: Justice Vivek Rusia

The petitioner claims that he stood superannuated from service on 30.06.2013 and, therefore, he is entitled to get the benefit of annual increment which became due to her on 01.07.2013.

02. In the case of Director (ADMN) and HR KPTCL v/s C.P. Mundinamani reported in 2023 SCC OnLine SC 401 , the Supreme Court

held that the entitlement to receive increment crystallizes 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.

NEUTRAL CITATION NO. 2025:MPHC-IND:13237

2 WP-17503-2025

03. The Government of Madhya Pradesh has already issued Circular dated 15.03.2024 directing all Government departments to grant annual increment to all the employees who have been retired on 30th June / 31st December on 1st July or 1st January as the case may be.

04. Learned counsel for the respondents / State submits that there are thousands of employees who are governed by the Circular and the said Circular is being implemented, but in case of delay in approaching the Court, the petitioner shall not be entitled to get the arrears and interest.

05. Admittedly, the petitioner superannuated from service on 30.06.2013 and he is entitled to get the annual increment on the succeeding day of the retirement i.e. 1st July, 2013.

06. The Hon'ble Apex Court has recently disposed of the Civil Appeal No.3933/2023 (Union of India and another V/s M. Siddaraj) decided on 20.02.2025 in respect of grant of annual increment to the retired Government employees who retired on 30th June from the service. The directions issued in the said order are 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

NEUTRAL CITATION NO. 2025:MPHC-IND:13237

3 WP-17503-2025 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 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."

07. 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

NEUTRAL CITATION NO. 2025:MPHC-IND:13237

4 WP-17503-2025 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.

08. In view of the above, this petition is disposed of by giving direction to the petitioner to submit a detailed representation within a period of 30 days from today by way of registered post to the respondent / Competent Authority.

09. After receipt of the representation, the authority shall consider and grant the benefit as per Para (a) of the order dated 20.02.2025 passed by the Hon'ble Apex Court i.e. one increment will be given from 01.05.2023 and prior to 31.04.2023 no enhanced pension will be paid.

10. Writ Petition stands disposed of in the above terms.

                                     (VIVEK RUSIA)                                 (GAJENDRA SINGH)
                                         JUDGE                                          JUDGE

                           rashmi