IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 16 OF JANUARY, 2026 WRIT APPEAL No. 2844 of 2024 THE STATE OF MADHYA PRADESH AND OTHERS Versus SURENDRA Appearance:

Shri Sudeep Bhargava - Dy. Advocate General for the appellant(s)/State.

None for the respondent.

ORDER Per: Justice Vivek Rusia

1. The instant writ appeal has been preferred by the appellants, under Section 2(1) of M.P. Uchha Nyayalaya (Khand Nyaypith Ko Appeal Adhiniyam, 2005) being aggrieved by inaction of the respondents for not extending the benefit of increment. The respondent retired on 30.6.2009, was denied increment on the pretext that he is not entitled.

2. Learned Govt. Advocate for the appellant submits that whether a government employee retiring on 30th June of a year would be entitled to avail the benefit of increment as fixed on 1st July has been decided by the Supreme Court in the case of the Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023. After considering the above judgments writ Court has held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the respondent/writ petitioner, who has retired on 30th June of the said year.

3. The present appeal is filed relying on an order dated 06.09.2024 passed in Miscellaneous Application (Diary) No.2400/2024 in Special Leave Petition (C) No.4722/2021 [Union of India & Another Vs. M. Siddaraj]. In the said order, following four directions were given which are as under:-

"To prevent any further litigation and confusion, by of an interim order we directed that:

(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 no 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 has filed any application for intervention/impleadment in Civil Appeal No.3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/ impleadment was filed.

This interim order will continue till further orders of this Court.

However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d)."

4. Thereafter, the Apex Court has modified the condition No.(d) vide order dated 20.02.2025. Relevant part of the aforesaid order is reproduced below:-

"We are inclined to dispose of the present miscellaneous applications directing that clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions. We are, however, of the opinion that clause (d) of the order dated 06.09.2024 requires modification which shall now read as under:

"(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 petition/ original application was filed."

Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment in "Union of India & Anr. v. M.

Siddaraj [Dated 19.0