[Cites 3, Cited by 0]

Madhya Pradesh High Court

Asha Tiwari vs The State Of Madhya Pradesh on 13 March, 2026

1 WP-8572-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 13th OF MARCH, 2026
WRIT PETITION No. 37940 of 2025
MATIN KHAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rajesh Prasad Dubey - Advocate for the petitioners.
Shri Anubhav Jain - Government Advocate for the respondents/State.
WITH
WRIT PETITION No. 46737 of 2025
SANTOSH SHRIVASTAVA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Awadhesh Kumar Singh - Advocate for petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 46738 of 2025
THAN SINGH PATEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Awadhesh Kumar Singh - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 50006 of 2025

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
2 WP-8572-2026
PRADIP KUMAR JAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dinesh Kaushal - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 50072 of 2025
RAM AVATAR PATEL AND OTHERS
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Rajesh Kumar Chand - Advocate for the petitioners.
Shri Suyash Mohan Guru - Dy. Solicitor General for the respondent/Union of
India.

WRIT PETITION No. 2282 of 2026
SITA SOMKUWAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shidulla Baig - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 2398 of 2026
BABULAL THAKUR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pramod Kumar Thakre - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 2835 of 2026
RAM GOPAL PATEL
Versus

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
3 WP-8572-2026
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Hemand Kumar Bhannarwar - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 2879 of 2026
RADHA MARKO
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shreyas Dubey - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 2882 of 2026
GYAN SINGH DHURWE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shreyas Dubey - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 2948 of 2026
SMT. SHASHI PRABHA AWASTHY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Arun Kumar Dwivedi - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 3171 of 2026
GOPAL SINGH CHOUHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
4 WP-8572-2026
Shri Rajesh Kumar Sharma - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 3413 of 2026
CHANDRA KUMAR DWIVEDI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Deepak Tiwari - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 3534 of 2026
MOTI LAL PATEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajeet Kumar Singh - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 3647 of 2026
MOHAN LAL SINHA AND OTHERS
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Santosh Sahu - Advocate for the petitioner.
Shri Suyash Mohan Guru - Dy. Solicitor General for respondent/Union of India.

WRIT PETITION No. 3821 of 2026
GANGA PRASAD MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Yogesh Prasad Mishra - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
5 WP-8572-2026
WRIT PETITION No. 4347 of 2026
RAN BAHADUR SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sampat Kumar Kushwaha - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 4366 of 2026
RAMESH KUMAR KANTALE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aniruddha Prasad Pandey - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 4399 of 2026
RAVISHANKAR MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Neeraj Jain - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 4637 of 2026
CHAGAN SINGH ALAWA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anmol Shrivastava - Advocate for the petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 4801 of 2026
GAJRAJ PRASAD TIWARI

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
6 WP-8572-2026
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shailendra Verma - Advocate with Shri Prakhar Tiwari - Advocate for the
petitioner.
Shri Anubhav Jain - Government Advocate for the respondents/State.

WRIT PETITION No. 4836 of 2026
VIRENDRA KUMAR GAUTAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rakesh Singh - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 4895 of 2026
MRS ASHA PATWA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Brijesh Kumar Choubey - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 4941 of 2026
SURENDAR KUMAR MODI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rajesh Prasad Dubey - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 5312 of 2026
CHANDRIKA PRASAD
Versus
THE COMMANDANT AND OTHERS

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
7 WP-8572-2026
Appearance:
Shri Dhirendra Kumar Khare - Advocate for the petitioner.
Shri Piyush Bhatnagar - Advocate for the respondents/Union

WRIT PETITION No. 6017 of 2026
RAM PRASAD YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rahul Kumar Tripathi - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 6037 of 2026
MAHESH KUMAR GEDAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Maoj Kumar Rajak - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 6203 of 2026
RAMESVARDASH TIWARI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajeet Kumar Singh - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 6681 of 2026
SHALIGRAM BILTHARIA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rohit Jain - Advocate with Ms. Omee Jaiswal - Advocate for the petitioner.

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
8 WP-8572-2026
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 6792 of 2026
MUNNA LAL JHARIA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aviral Vinayak Jaroliya - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 6864 of 2026
PARSADI LAL VERMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vijay Chandra Rai - Advocate with Shreya Pandey - Advocate for the
petitioners.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 7235 of 2026
RAMESH KUMAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshul Tiwari - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 7294 of 2026
AKHILESH SHRIDHAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
9 WP-8572-2026
WRIT PETITION No. 7308 of 2026
ARVIND UPMANYU
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dipankar Singh - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 7422 of 2026
MAHESH PRASAD SONI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dhirendra Kumar Khare - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 7704 of 2026
ANJANI KUMAR SINGH GAHRWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jitendra Singh Parihar - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 8336 of 2026
LAKHAN SINGH RAJPUT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 8432 of 2026
KAPOOR CHANDRA DUBEY

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
10 WP-8572-2026
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shrikant Shrivastava - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 8572 of 2026
ASHA TIWARI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sachin Jain - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 8641 of 2026
CHHAKKI LAL AHIRWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shakti Kumar Soni - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 8841 of 2026
RAMU INGLE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jitendra Kumar Jain - Advocate for the petitioner.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

WRIT PETITION No. 9145 of 2026
PANCHAM LAL YADAV AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 17-03-2026
11:04:16
11 WP-8572-2026
Appearance:
Shri Jitendra Mohan Sharma - Advocate for the petitioners.
Dr. S.S. Chouhan - Government Advocate for the respondents/State.

ORDER

Per: Hon'ble Shri Justice Sanjeev Sachdeva, Chief Justice

1. 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 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

12 WP-8572-2026 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 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

13 WP-8572-2026 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 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 petitioners in terms of the aforesaid order passed on 20.02.2025 and comply with the same expeditiously.

9. That after the order passed by the Hon'ble Supreme Court in the case of Union of India and another V/s M. Siddaraj (passed on 19.05.2023 in Civil Appeal No.3933/2023), the Hon'ble Supreme Court subsequently by order dated 19.12.2025 in SLP (C) No.16679 of 2025 (Madhya Pradesh Purv

14 WP-8572-2026 Kshetra Vidyut Vitran Company Ltd. vs. Vidyut Mandal Pension Samaj & ors.) has clarified that interest is not to be awarded on the arrears payable to the petitioner.

10. 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 as directed by the Supreme Court in the case of M. Siddaraj (supra).

11. 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 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) and dated 19.12.2025 passed in the case of M.P. Poorva Keshtra Vidyut Vitran Co. Ltd. (supra).

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

(SANJEEV SACHDEVA) (VINAY SARAF) CHIEF JUSTICE JUDGE irfan