Madhya Pradesh High Court

WP/1642/2024 of ASHWANI KUMAR KHULLAR Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT INDORE

BEFORE

HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARION THE 2[nd] OF FEBRUARY, 2024

WRIT PETITION No. 1642 of 2024

BETWEEN:-

1.ASHWANI KUMAR KHULLAR S/O SHRI KRISHNAKUMAR KHULLAR, AGED ABOUT 64 YEARS,OCCUPATION: RETIRED ASSTT. TEACHER 43,KARMCHARI COLONY, KALAPIPAL MANDI,DISTRICT SHAJAPUR (MADHYA PRADESH)KUMAR KHULLAR, AGED ABOUT 64 YEARS,OCCUPATION: RETIRED ASSTT. TEACHER 43,KARMCHARI COLONY, KALAPIPAL MANDI,DISTRICT SHAJAPUR (MADHYA PRADESH)

2.MOHAN LAL BAGHELA S/O SHANKAR LAL, AGEDABOUT 65 YEARS, OCCUPATION: RETIREDASSISTANT TEACHER RAILWAY STATION ROADMAKSI DISTIRCT SHAJAPUR (MADHYA PRADESH)ABOUT 65 YEARS, OCCUPATION: RETIREDASSISTANT TEACHER RAILWAY STATION ROADMAKSI DISTIRCT SHAJAPUR (MADHYA PRADESH)3.RAMESH CHANDRA PARMAR S/O BHERULALPARMAR, AGED ABOUT 65 YEARS, OCCUPATION:RETIRED ASSISTANT TEACHER ASHARAMCOLONY AB ROAD NEAR RAILWAY CROSSINGMAKSHI DIST SHAJAPUR (MADHYA PRADESH)PARMAR, AGED ABOUT 65 YEARS, OCCUPATION:RETIRED ASSISTANT TEACHER ASHARAMCOLONY AB ROAD NEAR RAILWAY CROSSINGMAKSHI DIST SHAJAPUR (MADHYA PRADESH)

4.KAILASH CHANDRA SUTREDIYA S/O MOHANSINGH SUTREDIYA, AGED ABOUT 65 YEARS,OCCUPATION: RETIRED ASSISTANT TEACHERH.NO. SECTOR-A 222 GIRIRAJ RATAN COLONYKANIPURA TARANA ROAD UJJAIN ASHARAMCOLONY AB ROAD DIST SHAJAPUR (MADHYAPRADESH)SINGH SUTREDIYA, AGED ABOUT 65 YEARS,OCCUPATION: RETIRED ASSISTANT TEACHERH.NO. SECTOR-A 222 GIRIRAJ RATAN COLONYKANIPURA TARANA ROAD UJJAIN ASHARAMCOLONY AB ROAD DIST SHAJAPUR (MADHYAPRADESH)

(MS. TRAPTI SONI, ADVOCATE)

.....PETITIONERS

AND

1.THE STATE OF MADHYA PRADESH SECRETARYMINISTRY OF SCHOOL EDUCAITONDEPARTMENT VALLABH BHAWAN BHOPAL(MADHYA PRADESH)MINISTRY OF SCHOOL EDUCAITONDEPARTMENT VALLABH BHAWAN BHOPAL(MADHYA PRADESH)

2.D I R E C T O R DIRECTORATE OF PUBLICINSTRUCTION (DPI) BHOPAL (MADHYA PRADESH)

3.DISTRICT EDUCATION OFFICER SHAJAPUR(MADHYA PRADESH)

4.DISTRICT TREASURY OFFICER TREASURY ANDACCOUNTS DEPARTMENT SHAJAPUR (MADHYAPRADESH)

(SHRI BHUWAN DESHMUKH, GOVERNMENT ADVOCATE)

.....RESPONDENTS

This petition coming on for admission this day, the court passed thefollowing:

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ORDER

By the instant petition, the petitioners are claiming that although petitionerNo.1 stood retired on 30/06/2021 and petitioners No.2 to 4 stood retired on30/06/2020 and the annual increments were to be added on 1st of July of thatyear, but they were not granted the said benefit.

2. Learned counsel for the petitioners submits that the issue involved in thepresent case has already been settled by the Supreme Court recently in CivilAppeal No.2471/2023 (The Director {Admn. and HR KPTCK and Ors.

Vs. C.P. Mundinamani & Ors.)wherein it has been held that benefit of annualincrement which was to be added on 1st of July every year shall be paid to theemployee who got retired on 30th of June of the said year, therefore, the presentpetitioner is also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed bySupreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual incrementwhich was to be added with effect from 01/07/2021 & 01/07/2020 respectivelyand recalculate the benefit of retiral dues and pension and issue fresh PPO infavour of the petitioners within a period of three months from the date of submitting copy of this Court order. The petitioners shall also be entitled tointerest @ 6% per annum over the aforesaid arrears of pension from the datethe arrears became due till the date of payment.4. With the aforesaid, the petition stands allowed.

Aiyer

(S. A. DHARMADHIKARI)JUDGE

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