IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI ON THE 14^th OF JANUARY, 2026 WRIT PETITION No. 4259 of 2024 HARGOVIND JATAV Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Chetan Kanungo - Advocate for the petitioner.

Smt. Monika Mishra - Govt. Advocate for the respondents/State.

ORDER The petitioner has filed this petition praying for a direction to the respondents to extend him the benefit of First, Second & Third Krammonati to the petitioner with consequential benefits.

2. By way of amendment, he has also prayed for a direction to the respondents to extend the benefit of increment which was due to him on

01.07.2019.

3. So far as the benefit regarding First, Second & Third increment is concerned, the issue has already been decided by this Court in the case o f Smt. Prerna Koranne Vs. State of M.P. & others passed on 26.04.2007 in W.P. No.6773 of 2006(S). This Court passed the following directions:-

"(i) Clause-3 of policy dated 03.09.2005 fixing the cut of date 01.08.2003 to grant the benefit of second Kramonnati to the teachers is arbitrary, discriminatory, hence quashed.

(ii) Teachers of Education Department or Tribal Welfare Departmentare held entitled to get the benefit of Kramonnati under the policy dated 21.03.1983, 19.04.1999 and 2.11.2001 in accordance with the terms and conditions as specified therein.

(iii) The respondents are directed to consider the case of the petitioner keeping in view executive instructions dated 21.03.1983, 19.04.1999 and 02.11.2001 and settle her claim within the period of six months from today and the arrears thereof be also released within the aforesaid period."

4. Thus, the respondents are required to consider the petitioner's case keeping in view the directions issued by this Court in the case of Smt. Prerna Koranne (supra).

5. So far as the issue of grant of benefit of increment which was due to petitioner on 01.07.2019 is concerned, this issue is also no more res-integra in view of decision of Apex Court in the case of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. reported in (2023)14 SCC 411, Union of India & Anr Vs. M. Siddaraj in SLP(C) No.4722/2021, and Full Bench judgment of this Court in the case of Ratanlal Rathore Vs. The State of M.P. & others in W.P. No.4118 of

2020.

6. After going through the judgment delivered by the Apex Court in the case of C.P. Mundinamani (supra), in para 6.3 & 6.7 it appears that the view of M.P. High Court in the case of Yogendra Singh Bhadauria & ors. Vs. State of M.P. has been considered in favour of employee who is retiring on 30th June of that year. Once the Apex Court as well as Full Bench of this Court has decided the controversy and found the employee entitled for the benefit of increment while rendering the services over a year with good behavior and efficiency, then it appears that petitioner has made out his case.

7. The Apex Court clarified the issue subsequently vide order, dated 06/09/2024 in the case of M. Siddaraj (Supra), 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 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 a