Dinesh Kumar Sharma vs State Of M.P. And Others

This petition under Article 226 of the Constitution of India has been filed on the ground that the petitioner had retired on 30.06.2019 whereas the

increment was due to be paid on 01.07.2019 and thus in the light of the judgment passed by the Madras High Court in the case of P. Ayyamperumal

vs. The Registrar, Central Administrative Tribunal & Ors. passed in W.P.No. 15732/2017 on 15.9.2017, the order passed by the Supreme Court in

SLP (Civil) Diary No.(s) 22283/2018 as well as the order dated 03.12.2019 passed by Co-ordinate Bench of this Court in the case of Rajendra Prasad

Tiwari vs. State of M.P. and others Passed in W.P. No.18030/2019 (Principal Seat), the petitioners are also entitled for the annual increment which

fell due on 01.07.2019.

Considering the submissions made by the counsel for the petitioner, it is directed that in case if the petitioner files a fresh application seeking payment

of the increment which fell due on 01.07.2019, then it shall be decided by the authorities after considering that whether as per the Service Rules, the

order passed by the Madras High Court, which was affirmed by Supreme Court would apply mutatis mutandis to the employees of the State

Government or not. If it is found that the petitioner is also entitled for the payment of annual increment which fell due on 01.07.2019, then the payment

shall be released otherwise his representation shall be decided by passing a speaking order.

With aforesaid observations and directions, the petition stands disposed of.