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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
th
ON THE 5 OF FEBRUARY, 2024
WRIT PETITION No. 2447 of 2024
BETWEEN:-
MAHARAJ SINGH PAL S/O LATE SHRI SOOKHARAM,
AGED ABOUT 64 YEARS, OCCUPATION: VOLVEMAN
(RETIRED) PHE GWALIOR TEHLARI MOTIJHEEL
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SARTAJ SINGH TOMAR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY GOVT OF M.P
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. ENGINEER IN CHIEF PUBLIC HEALTH
ENGINEERING DEPARTMENT JAL BHAWAN
BANGANGA ROAD TT NAGAR BHOPAL (MADHYA
PRADESH)
3. CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
D EPARTM EN T MORAR GWALIOR (MADHYA
PRADESH)
4. EXECUTIVE ENGINEER PUBLIC HEALTH
ENGINEERING DEPARTMENT WATER SUPPLY
MAINTENANCE, DIVISION-2 MOTIJHEEL
GWALIOR (MADHYA PRADESH)
5. DISTRICT PENSION OFFICER, MOTI MAHAL
G WA L I O R DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK KHEDKAR - AAG)
This petition coming on for admission this day, th e court passed the
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following:
ORDER
1. The instant petition has been preferred by petitioner, under Article 226
of the Constitution of India, being aggrieved by the inaction of the respondents
for not extending the benefit of increment. Petitioner, who retired on
30.06.2021, was denied increment on the pretext that he is not entitled.
2. Learned counsel for petitioner submits that whether a government
employee retiring on 30th June of a year is entitled to avail the benefit of
increment as fixed on 1st of July is being decided by the Supreme Court
recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs.
C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023,
wherein after considering the judgments of different High Courts including the
Madhya Pradesh High Court it has been held that benefit of annual increment
which is to be added on 1st of July every year shall be paid to the employee
who is going to be retired on 30th June of the said year. It is further submitted
that controversy is now no longer res integra. The present petitioner stood
retired on 30th June, 2021, therefore, he is entitled to avail the benefit of annual
increment which was to be added on 01.07.2021. The said aspect has also been
dealt with by the Full Bench of this Court also in the case of Ratanlal Rathore
Vs. The State of Madhya Pradesh and others (Writ Petition No.4118 of
2020) decided on 28.07.2023.
3. Learned counsel for respondent/State could not dispute the passing of
said order. However, he submits that it appears that SLP arising out of
judgment of Division Bench of this Court is still pending consideration before
the Supreme Court.
4. Heard the counsel for the parties and perused the documents
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appended thereto.
5 . After going through the judgment delivered by the Apex Court in the
case of C.P. Mundinamani (supra ), in para 6.3 and 6.7 it appears that the
view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors.
vs. State of Madhya Pradesh has been considered in favour of employee
who is retiring on 30th June of that year. Once the Apex Court as well as Full
Bench of this Court in the case of Ratanlal Rathore (supra) has decided the
controversy and found the employee entitled for the benefit of approval of
entitlement to receive increment while rendering the services over a year with
good behaviour and efficiency then it appears that petitioner has made out his
case.
6. As per judgement of Apex Court in the case of Rushibhai
Jagdishbhai Pathak Vs. Bhavnagar Municipal Corporation, AIR Online
2022 SC 735, it is clarified that petitioner shall be entitled to arrears for three
years prior to the date of filing of the Writ Petition.
7 . Resultantly, respondents are directed to grant the benefit of annual
increment which was to be added w.e.f. 01.07.2021 and recalculate the benefit
of retiral dues and pension etc. and issue fresh pension payment order in favour
of the petitioner, if not already issued, that too within a period of three months
from the date of submission of certified copy of this order.
8. Petition stands allowed and disposed of in above terms.
(ANAND PATHAK)
JUDGE
Van
VANDANA VERMA
2024.02.05
16:10:44 +05'30'