Madhya Pradesh High Court
Chhaganlal Bhuriya vs The Principal Secretary Department Of ... on 7 October, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:29082
1 WP-38561-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 7 th OF OCTOBER, 2025
WRIT PETITION No. 38561 of 2025
CHHAGANLAL BHURIYA
Versus
THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE
MANTRALAYA AND OTHERS
Appearance:
Shri U. S. Verma, learned counsel for the petitioner.
Shri Sudeep Bhargava, learned Deputy Advocate General for the
respondents/State.
ORDER
Per: Justice Vivek Rusia
01. The petitioner claims that he stood superannuated from service
on 30.06.2021 and, therefore, he is entitled to get the benefit of annual
increment which became due to him on 01.07.2021. 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
NEUTRAL CITATION NO. 2025:MPHC-IND:29082
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retirement with good behaviour and efficiency is liable to be paid to the
employee.
02. 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 1 st July or 1 st January as the case may be.
03. 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, but in case of delay in
approaching the Court, the petitioner shall not be entitled to get the arrears
and interest.
04. Admittedly, the petitioner has superannuated from service on
30.06.2021 and he was entitled to get the annual increment on the
succeeding day of the retirement i.e. 1st July, 2021.
05. 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.
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(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 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."
06. 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.
07. 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.
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08. 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.
09. Writ Petition stands disposed of in the above terms.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
soumya
