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ANAND PATHAK, HIRDESH
Rajaram Arya – Appellant
Versus
State of M. P. – Respondent
ORDER
Per : Justice Anand Pathak
1. The instant petition has been preferred by the petitioners, under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondents for not extending the benefit of increment. The petitioner Nos. 1, 2, 3 and 4 were retired on 30.6.2009, 30.6.2021, 30.6.2023 and 30.6.2023 respectively, were denied increment on the pretext that they are not entitled.
2. Learned counsel for the petitioners 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 July is being decided by the Supreme Court recently in the case of the Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.4.2023, 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 petitioner Nos. 1, 2, 3 and 4 were retired on 30.6.2009, 30.6.2021,
Employees retiring on June 30 are entitled to annual increments effective July 1, as established by recent Supreme Court rulings.
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