SURENDRA KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioner that the petitioner stood retired on 30/06/2013, whereas the next increment was payable from 01/07/2013 which has not been paid. It is submitted by the counsel for the petitioner that the judgment dated 15/09/2017 passed by the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal & Others passed in W.P.No. 15732/2017 was upheld by the the Supreme Court in SLP (Civil) Diary No.(s) 22283/2018. Review Petition (C) No.1731/2019 was also dismissed by order dated 02/08/2019. Further, the Division Bench (Principal Seat) of this Court in the case of State of MP & Others vs. Rajendra Prasad Tiwari (Writ Appeal No.363/2020) by judgment dated 06/03/2020, has dismissed the writ appeal filed by the State and has held that the employee retiring on 30th June of a particular year is also entitled for the increment which was payable from 1st of July of the said year. Further, it is submitted that the petitioner has retired on 30/06/2013, but the increment which was payable from 01/07/2013, has not been paid and accordingly, he is entitled for the arrears as well as for re- fixation of his pension.

(3.) Per contra, the petition is opposed by the counsel for the State on the ground of delay and laches. It is submitted that the petitioner had retired on 30/06/2013, whereas the petition has been filed in the year 2020, therefore, the petition is liable to be dismissed on the ground of delay and laches.