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NEUTRAL CITATION NO. 2026:MPHC-GWL:3754

1 WP-2405-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND PATHAK

&

HON'BLE SHRI JUSTICE ANIL VERMA

th

ON THE 30 OF JANUARY, 2026

WRIT PETITION No. 2405 of 2026

KRISHANGOPAL SHARMA

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Suryakant Jaat - Advocate for petitioner.

Shri Vivek Khedkar - Senior Advocate/AAG along with Shri Sohit Mishra -

Government Advocate for respondents/State.

ORDER

Per: Justice Anand Pathak

1. The instant petition has been preferred by the petitioner, under

Article 226 of the Constitution of India, being aggrieved by inaction of the

respondents for not extending the benefit of increment. The petitioner, retired

on 30/06/2015, was denied increment on the pretext that he is not entitled.

2. Learned counsel for the petitioner submits that whether a

government employee retiring on 30th June of a year is entitled to avail the

benefit of increment as fixed on 1st July is being decided by the Supreme

Court recently 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, wherein after considering the judgments of different High Courts

including the Madhya Pradesh High Court it has been held that benefit of

Signature Not Verified

Signed by: SUNEEL DUBEY

Signing time: 30-01-2026

17:32:00

NEUTRAL CITATION NO. 2026:MPHC-GWL:3754

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annual increment which is to be added on 1st of July every year shall be paid

to the employee who is going to be retired on 30th June of the said year. It is

further submitted that controversy is now no longer res integra. The

petitioner retired on 30.06.2015, therefore, he is entitled to avail the benefit

of annual increment which was to be added on 01.07.2015. The said aspect

has also been dealt with by the Full Bench of this Court also in the case of

Ratanlal Rathore Vs. The State of Madhya Pradesh and others (Writ Petition

No.4118 of 2020) decided on 28.07.2023.

3. Learned counsel for the petitioner further submits that earlier an

SLP (Civil) No.8119/2020 was preferred by the State challenging the orders

passed in W.P.No.298/2020 and W.A.No.319/2020, but the same has been

dismissed on 11-07-2023.

4. Learned counsel for the respondents opposed the prayer to the

extent of payment of interest and enhanced pension for the period prior to

31/04/2023. He relied upon the order dated 6/9/2024 passed by Hon'ble

Apex Court in SLP(C) No.4722/2021 [Union of India & Anr Vs. M.

Siddaraj]. He refers the clarification given in the said order.

5 . Heard the counsel for the petitioner and perused the documents

appended thereto.

6. After going through the judgment delivered by the Apex Court in

the case of C.P. Mundinamani (supra), in para 6.3 and 6.7 it appears that the

view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors.

Vs. State of Madhya Pradesh has been considered in favour of employee

who is retiring on 30th June of that year. Once the Apex Court as well as

Signature Not Verified

Signed by: SUNEEL DUBEY

Signing time: 30-01-2026

17:32:00

NEUTRAL CITATION NO. 2026:MPHC-GWL:3754

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Full Bench of this Court in the case of Ratanlal Rathore (supra) has decided

the controversy and found the employee entitled for the benefit of approval

of entitlement to receive increment while rendering the services over a year

with good behavior and efficiency then it appears that petitioner has made

out his case.

7. Since the petitioner has retired on 30.06.2015 and is claiming him

outstanding claim, but in the light of the clarification issued by Apex Court

vide order dated 6/9/2024 in case of M. Siddaraj (Supra), it appears that

following clarification deserves reiteration :-

(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)