Madhya Pradesh High Court
WP/1626/2024 of RAM CHANDRA CHOUDHARY Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMAON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 1626 of 2024
BETWEEN:-
RAM CHANDRA CHOUDHARY S/O SHRI KESHAR SINGHCHOUDHARY, AGED ABOUT 67 YEARS, OCCUPATION:RETIRED UPPER DIV. TEACHER R/O. B-98, KALANI BAG,DEWAS DISTRICT DEWAS (MADHYA PRADESH)
(BY SHRI KRISHNAPAL SINGH KHICHI - ADVOCATE)
.....PETITIONER
AND
1.THE STATE OF MADHYA PRADESH SECRETARYMINISTRY OF SCHOOL EDUCATION VALLABHBHAWAN, BHOPAL (MADHYA PRADESH)MINISTRY OF SCHOOL EDUCATION VALLABHBHAWAN, BHOPAL (MADHYA PRADESH)
4. DISTRICT TREASURY OFFICER, TREASURY ANDACCOUNTS DEPARTMENT DISTRICT DEWAS
.....RESPONDENTS
(BY SHRI SHREY RAJ SAXENA - ADDL. ADV. GENERAL FOR STATE)
This petition coming on for admission this day, the court passed the following:
Heard.
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ORDER
By the instant petition, the petitioner is claiming that although he stoodretired on 30.06.2019 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.
2. Learned counsel for the petitioner submits that the issue involved in thepresent case has already been settled on 11th April, 2023 by the SupremeCourt recently in Civil Appeal No.2471 of 2023 (@ SLP (C) No.6185 of2020) [The Director (Admn. and HR) KPTCK and Ors. v. 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 increment with arrearswhich was to be added with effect from 01.07.2019 and recalculate the benefitof retiral dues and pension and issue fresh Pension Payment Order (P.P.O.) infavour of the petitioner within a period of three months from the date ofsubmitting copy of this Court's order.
4. With the aforesaid direction, the petition stands allowed.
SS/-
(PRANAY VERMA)JUDGE