IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE PRADEEP MITTAL

WRIT PETITION No. 36015 of 2024

SURESH CHANDRA TIWARI

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Ajay Kumar Mishra - Advocate for the petitioner.

Shri Piyush Jain - Govt. Advocate for the respondent No.1/State.

Shri Sandeep Kumar Shukla - Advocate for the respondents No.2

and 3.

RESERVED ON : 19.12.2025 PRONOUNCED ON : 05.01.2026

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ORDER the succeeding day. The Supreme Court further held that an annual increment earned on the last day of service for rendering good service preceding one year from the date of retirement, with good behavior and efficiency, was liable to be paid to the employees.

Per: Justice Vivek Rusia

The petitioner claims that he stood superannuated from service on

30th June and, therefore, he is entitled to get the benefit of the annual increment, which became due to him on 01.07.2006. In the case of Director (ADMN) and HR KPTCL v. C.P. Mundinamani, 2023 SCC OnLine SC 401, the Supreme Court held that the entitlement to receive annual increment crystallizes, when the Government servant completes a requisite length of service with good conduct and becomes payable on

2. The circular dated 15.03.2024 has already been issued by the Finance Department of the State of Madhya Pradesh, wherein all departments have been directed to grant annual increment to all the employees who have retired on 30th June/31st December with regard to the annual increment that became payable on 1st July or 1st January, as the case may be.

3. Learned Government Advocate for the respondent No.1/State submits that there are thousands of employees, who are governed by the circular and the said circular is being implemented, but in case of delay in approaching the Court, the petitioner shall not be entitled to get the arrears and interest.

4. Admittedly, the petitioner/employees superannuated from service on 30th June or 31st December, as the case may be, they are entitled to get the annual increment on the succeeding day of their retirement i.e., on 1st of July or 1st of January, as the case may be. 5. The Hon'ble Apex Court has recently disposed of the Civil Appeal No. 3933/2023 titled Union of India & Another Vs. M. Siddaraj decided on 20.02.2025 in respect of grant of annual increment to the retired Government employees, who retired on 30th June from the service. The directions issued in the said order are as under:-

“(a). The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid.

(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.

(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.

(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/impleadment/writ petition/original application was filed.”

6. The Hon'ble Apex Court has held that the clause (d) will not apply to the retired Government employees, who filed the petition/original application before the High Court or Tribunal after the judgment passed in case of Union of India and another V/s M. Siddaraj (passed on 19.05.2023 in Civil Appeal No.3933/2023) and in such case, clause (a) will apply. I