IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SURESH KUMAR KAIT, CHIEF JUSTICE &

HON'BLE SHRI JUSTICE VIVEK JAIN ON THE 27^th OF MARCH, 2025 WRIT PETITION No. 27635 of 2024 INDRABHAN PANDEY & OTHERS Versus STATE OF M.P. AND OTHERS AND WP/39799/2024, WP/39845/2024, WP/3568/2025, WP/5894/2025, WP/7412/2025, WP/8472/2025, WP/8883/2025, WP/9313/2025, WP/9347/2025, WP/9370/2025, WP/9658/2025, WP/9777/2025, WP/9895/2025, WP/9905/2025, WP/9934/2025, WP/10034/2025, WP/10035/2025, WP/10085/2025, WP/10099/2025, WP/10100/2025, WP/10147/2025, WP/10203/2025, WP/10215/2025, WP/10221/2025, WP/10224/2025, WP/10246/2025, WP/10353/2025, WP/10437/2025, WP/10473/2025, WP/10479/2025, WP/10507/2025, WP/10520/2025, WP/10549/2025, WP/10587/2025, WP/10636/2025, WP/10643/2025, WP/10644/2025, WP/10685/2025, WP/10946/2025, WP/10956/2025, WP/11016/2025, WP/11019/2025, WP/11142/2025 Appearance:

Shri Mahendra Pateriya, Shri Rajneesh Gupta, Shri Ashish Vishwakarma, Shri Atul Singh, Sachin Pandey, Shri Om Prakash Dwivedi, Shri Ram Suphal Verma, Shri Shyam Yadav, Shri Raja Bhaiya Tiwari, Ms. Vineeta Patel, Shri Sachindra Kumar Raghuwanshi, Shri Brahmendra Prasad Pathak, Shri Shankar Dayal, Shri Harish Chandra Singh, Shri Tarun Sengar, Shri Shivam Mishra, Shri Abhinav Dubey, Shri Vijay Kumar Shukla, Shri Shishir Kumar Soni, Shri Abhay Tiwari, Shri Manoj Kumar Mishra,Shri Prateek Jain, Shri Abhinav Shrivastava, Shri Vikas Sharma, Shri Neeraj Dubey, Shri Vidya Prasad Manish, Shri Signature Not Verified Bhupendra Kumar Mishra, Shri Ajeet Kumar Singh, Shri Shankar Dayal Mishra, Shri Suresh Kumar Malviya & Shri Deependra Kumar Mishra.

Shri B.D. Singh, Deputy Advocate General with Dr. S.S. Chouhan, Government Advocate and Shri Anubhav Jain, Government Advocate for respondents/State.

ORDER Per: Suresh Kumar Kait, Chief Justice In all these writ petitions, a common question of fact and law is involved and therefore, they are heard analogously and disposed of by this common order.

2. A common grievance of the petitioners in this batch of writ petitions is with regard to grant of annual increment which became due on completion of one year’s service before attaining the age of superannuation. In some of the cases, the petitioners or the employees whose widows/legal heirs have approached this Court, have retired from service on 30^th June and while in others, they have retired on 31^st December of the year of their superannuation. It is their case that they have not been extended the benefit of increment which otherwise became due to them on 1^st July of the same year or 1^st January of the next year, as the case may be. Hence, these petitions have been filed.

3. Learned counsel for the petitioners have placed reliance upon the judgment of the Supreme Court in the case of Director (ADMN) and HR KPTCL v. C.P. Mundinamani, 2023 SCC OnLine SC 401, wherein it is held that the entitlement to receive annual increment crystallises when the Government servant completes a requisite length of service with Signature Not Verified good conduct and becomes payable on the succeeding day. The Supreme Court further held that annual increment earned on the last day of service for rendering good service preceding one year from the date of retirement with good behaviour and efficiency was liable to be paid to the employees.

4. Circular dated 15.03.2024 issued by the Finance Department of the State of Madhya Pradesh has also been referred to, wherein all departments have been directed to grant annual increment to all the employees who have retired on 30^th June / 31^st December with regard to annual increment that became payable on 1st July or 1st January, as the case may be. Hence, it is prayed that the respondents may be directed to extend the pensionary benefits to the petitioners after adding annual increment from the due date along with arrears and interest thereon within a stipulated time.

5. Learned counsel for the State submits that the issue involved in the present peti