Back
2024 Supreme(Online)(MP) 13010
HIGH COURT OF MADHYA PRADESH
VIVEK RUSIA, J
Baluram Rathore – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 10541/2024
Anil Kumar Tiwari,Advocate General
Retirees on 30th June are entitled to annual increments effective from 1st July, as established by the Supreme Court.
Headnote:(A) Constitution of India - Article 226 - Writ petition for annual increment - Petitioners retired on 30.06.2020 and 30.06.2021 - Supreme Court ruling in Director (Admn. & HR) KPTCK v/s C.P. Mundinamani establishes entitlement to annual increment for retirees on 30th June - Respondents directed to grant increments and recalculate retiral dues within three months. (Paras 2-3)
(B) Delay in approaching court - Petitioners not entitled to entire arrears/interest, but entitled to payments from the last three years and due annual increment. (Para 4)
Facts of the case:
Petitioners sought annual increments due on 01.07.2020 and 01.07.2021 after retirement.
Findings of Court:
Respondents must recalculate benefits and issue fresh Pension Payment Order (PPO) within three months.
Issues: Whether retirees on 30th June are entitled to annual increments due on 1st July.
Ratio Decidendi: The Supreme Court's ruling clarifies that retirees on 30th June are entitled to annual increments effective from that date.
Result: Writ Petition stands allowed.
The petitioners have filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction, directing the respondents to grant him annual increment fell due on 01.07.2020 & 01.07.2021 respectively. The petitioners retired from service on 30.06.2020 & 30.06.2021 respectively after attaining the age of superannuation.
02. Learned counsel for the petitioners submits that the issue involved in the present case has already been settled on 11.04.2023 by the Supreme Court recently in the case of Director (Admn. & HR) KPTCK & Others v/s C.P. Mundinamani & Others [ Civil Appeal No.2471 of 2023 @ SLP (C) No.6185 of 2020 ] reported in 2023 LiveLaw (SC) 296, wherein it has been held that the benefit of annual increment which was to be added on 1st of July every year shall be paid to the employee who got retired on 30th of June of the said year, therefore, the present petitioner is also entitled to get the said benefit.
03. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani (supra), the respondents are directed to grant the benefit of annual increment which was to be added with effect from 01.07.2020 & 01.07.2021 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (PPO) in favour of the petitioners within a period of three months from the date of receipt of certified copy of this order.
04. Since there is a delay in approaching this Court, thus the petitioner shall not be entitled for entire arrears / interest, however, the same shall be payable to him from the last three years as well as due annual increment only.
PPO be accordingly revised.
05. With the aforesaid, Writ Petition stands allowed.
