Ram Sundar Sharma(Deleted) Ram Sundar Sharma vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
1 WP-22686-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
th
ON THE 15 OF OCTOBER, 2026
WRIT PETITION No. 22686 of 2017
CNR No.: MPHC030314012017
RAM SUNDAR SHARMA(DELETED) RAM SUNDAR SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Raj Bahadur Singh Tomar - Advocate for the petitioner.
Shri K.K. Prajapati - Government Advocate for respondents/State.
ORDER
Present petition under Article 226 of the Constitution of India has been
filed seeking the following reliefs:-
"7.1 That, respondent kindly directed to grant increment to the
petitioner since year 1990 and also directed to revise the pay scale
to the petitioner and pay accordingly arrear allow with the interest
@18% p.a.
7.2 That, respondent kindly further directed to grant all other
benefit including revision of the pay scale and benefit of
Kramonnati and completion of 12 & 24 years of services.
7.3 That, other relief doing justice including cost be ordered."
2. Learned counsel for the petitioner submitted that original petitioner
was initially appointed on the post of Assistant Teacher and posted at
Government Primary School, Dhimarwa Centre Malgawa District Tikamgarh
by order dated 26.12.1988 and joined service on 27.12.1988. When the
original petitioner was working in the aforesaid institution, he sought leave
for some urgent work in his family for a period of two days, i.e., 7th and 8th
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 10/16/2026
6:38:45 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
2 WP-22686-2017
of November, 1990 and thereafter original petitioner fall ill and he had
informed the same to the Headmaster on 10.12.1990. After recovery from
illness, original petitioner submitted joining before the competent authority
on 04.01.1991 but the respondent authority did not permit him to join.
Thereafter, original petitioner had submitted representation and ultimately he
was permitted to join by the District Education Officer, Tikamgarh by order
dated 16.10.1996 and the DEO had stated that absence period will be decided
later on. Thereafter, petitioner was transferred from Tikamgarh to Morena
vide order dated 25-09-2002. Learned counsel submitted that District
Education Officer, District Tikamgarh has not decided the dispute regarding
period of absence since 07-11-1990 to 17-10-1996 and due to this reason,
last payment certificate had not properly updated by the authority, and due to
this, proper pay fixation of the petitioner had not been made by the
respondent, therefore, petitioner submitted a legal notice dated 27.11.2006.
2.1 Learned counsel for the petitioner submitted that original petitioner
is working as an Assistant Teacher and entitled to salary, which is payable to
the other Assistant Teacher working along with the original petitioner. The
Principal, Govt. Excellence, HSS Ambah wrote a letter dated 03-09-2011 to
the D.E.O., Morena mentioning all the above facts. Thereafter, D.E.O.,
Morena wrote a letter dated 12-12-2011 to respondent No. 2 and almost after
one and half year of the letter dated 12-12-2011, respondent No. 2 sought
some query from the D.E.O., Morena by issuing letter dated 01-04-2013. It
is submitted that due to aforesaid, the respondent authority is paying only
minimum of basic pay to the petitioner since 1996 and no any increment has
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 10/16/2026
6:38:45 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
3 WP-22686-2017
been paid to the petitioner, despite of his entitlement. It is the fault of the
respondents that they have not decided the absence period from 07.11.1990
to 17.10.1996.
2.2 Learned counsel for the petitioner submitted that respondents have
issued charge-sheet dated 25.05.2021 and that has been challenged by the
petitioner by filing W.P. No.11299/2021 and vide order dated 14.07.2021,
effect and operation of charge-sheet was stayed and during pendency of the
petition, petitioner expired on 20.11.2021 and present petitioner has been
substituted as LRs of original petitioner and thereafter coordinate Bench has
decided the aforesaid writ petition vide order dated 07.11.2025 while abating
the enquiry and also mentioned that in view of the judgment passed in the
case of Hardeep Kaur Vs. Mahakaushal Kshetriya Gramin Bank [2013 (4)
MPLJ 125], enquiry pursuant to the impugned charge-sheet cannot be
proceeded after the death of delinquent.
2.3 It is submitted that charge-sheet dated 25.05.2021 alleging that the
petitioner was absent from 07.11.1990 to 17.10.1996, has been stayed vide
order dated 14.07.2021 and coordinate Bench has already held that after the
death of original petitioner, departmental enquiry has been abated on the date
of death of delinquent. Therefore, original petitioner is entitled to the
increment from the date of his initial appointment. It is submitted that as the
respondents had not passed any order in the year 1996 and even till the
retirement of original petitioner, respondents have not taken into
consideration the period of 07.11.1990 to 17.10.1996 and once they have not
decided the aforesaid period as dies non or other punishment then the
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 10/16/2026
6:38:45 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
4 WP-22686-2017
petitioner is entitled to the annual increment and all other consequential
benefits, such as, increment and kramonnati on completion of 12 and 24
years and other benefits, which have been extended to the juniors to the
petitioner.
3. Per contra, learned counsel for the respondents submitted that
departmental enquiry was initiated against the petitioner on 25.05.2021,
thereafter he was superannuated in the month of May, 2021 and submitted
that present petition has been filed by the petitioner with a delay of 27 years.
It is submitted that petitioner had remained absent from 07.11.1990 to
16.10.1996 and once the petitioner had not performed the duty, then he is not
entitled to the increment for the aforesaid period.
4. Heard the learned counsel for the parties and perused the record.
5. The record indicates that the original petitioner was appointed as an
Assistant Teacher by order dated 26.12.1988 and joined service on
27.12.1988 at Government Primary School, Dhimarwa Centre Malgawa,
District Tikamgarh. He initially took leave for two days, i.e., 07.11.1990 and
08.11.1990, and thereafter fell ill. After recovering, he submitted his joining
on 04.01.1991, but the authorities did not permit him to join. Subsequently,
he was allowed to join by the District Education Officer, Tikamgarh, vide
order dated 16.10.1996, with a direction that his absence period would be
decided later. However, the respondents did not decide the period of absence
from 07.11.1990 to 17.10.1996, resulting in improper pay fixation and non-
payment of annual increments. Despite repeated correspondence between the
authorities and a legal notice dated 27.11.2006, the original petitioner
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 10/16/2026
6:38:45 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
5 WP-22686-2017
continued to receive only the minimum basic pay without annual increments.
6. The respondents issued a charge-sheet dated 25.05.2021 alleging
unauthorised absence during the aforesaid period. The same is reproduced as
under:-
'' ,
काया लय जला िश
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5/5/2021
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1965 ( ) ( ) ( )
के िनयम एक दो तीन के तहत दोषी िस 4 करता है।
-2
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1966 ( )
िनयम के वपरत होकर आपको म० ० िस वल सेवा आचरण िनयम
1965 ( ) ( ) ( )
के िनयम एक दो तीन के तहत दोषी िस 4 करता है।
-3
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07.11.90 17.10.96
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Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 10/16/2026
6:38:45 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
6 WP-22686-2017
1966 ( )
िनयम के वपरत होकर आपको म० ० िस वल सेवा आचरण िनयम
1965 ( ) ( ) ( )
के िनयम एक दो तीन के तहत दोषी िस 4 करता है।
जला िश
ा अिधकार
''
जला मुरैना
7. The aforesaid charge-sheet was challenged in W.P. No.11299/2021
and this Court stayed the effect and operation of the charge-sheet vide order
dated 14.07.2021. During the pendency of the petition, the original petitioner
died on 20.11.2021, and the present petitioner was substituted as his legal
representative. Thereafter, the coordinate Bench, vide order dated
07.11.2025, abated the departmental enquiry in view of the judgment passed
in Hardeep Kaur (supra) holding that the enquiry could not continue after the
death of the delinquent employee.
8. Since the respondents neither decided the absence period nor passed
any order treating it as dies non or imposing any punishment, the original
petitioner was entitled to annual increments from the date of his initial
appointment, along with consequential benefits, including pay fixation,
kramonnati on completion of 12 and 24 years of service, and other benefits
granted to his juniors.
9. So far as the argument of the respondents about the delay is
concerned, petitioner is having recurring cause of action as it affects the
pension of the original petitioner and also affects the family pension of
present petitioner. It is a settled law that non-payment of due salary, wages,
and pension is a recurring cause of action, as held by the Apex Court in the
case M.R. Gupta Vs. Union of India and Others [(1995) 5 SCC 628] .
10. The Apex Court in the case of Rushibhai Jagdishchandra Pathak
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NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
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Vs. Bhavnagar Municipal Corporation [SLP (Civil) No.2946/2022] in Para-
10 has held as under:
"10. At the time, the law recognizes a 'continuing' cause of action,
which may give rise to a 'recurring' cause of action as in the case
of salary or pension. This Court in M.R. Gupta Vs. Union of India
and Others [(1995) 5 SCC 628] has held that so long as the
employee is in service, a fresh cause of action would arise every
month when they are paid their salary on the basis of a wrong
computation made contrary to the rules. If the employee's claim is
found to be correct on merits, they would be entitled to be paid
according to the properly fixed pay-scale in future and the
question of limitation would arise for recovery of the arrears for
the past period. The Court held that the arrears should be
calculated and paid as long as they have not become timebarred.
The entire claim for the past period should not be rejected."
11. Considering the aforesaid, the objection taken by the respondents
about the delay is not sustainable.
12. Furthermore, this Court finds it appropriate to quote FR-24, which
for ready reference and convenience is as under:
“F.R. 24. An increment shall ordinarily be drawn as a matter of
course unless it is withheld:
Provided that, in case of any disaster that occurres in the State and
if the own tax and non-tax revenues of the State Government are
severly and adversely affected, the Government may withhold the
said increment on a non-cumulative basis for such period as may
be prescribe by a special order of the State Government.”
13. A perusal of FR-24 makes it clear that an increment is ordinarily to
be granted as a matter of course unless it is withheld in accordance with the
applicable rules. Therefore, unless the conditions stipulated in the proviso are
fulfilled and a specific order is passed by the State Government in this
regard, the petitioner’s annual increment cannot be withheld merely as a
matter of discretion. Accordingly, the action of the respondents is required to
be examined in the light of the aforesaid provisions of FR-24.
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 10/16/2026
6:38:45 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:31916
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14. Considering the aforesaid, present petition is allowed. Respondents
are directed to revise the salary of original petitioner since November, 1990
and to add annual increments and thereafter calculate arrears and after
sanctioning the arrears, also directed to revise the PPO and GPO accordingly
and pay the arrears of pension and also directed to revise the family pension
accordingly and pay arrears of family pension to the present petitioner within
a period of three months from the date of receipt of certified copy of this
order. Respondents are further directed to pay the aforesaid benefit with
interest @6% per annum within the aforesaid period, failing which
respondents are directed to pay the aforesaid benefit with interest @12% per
annum from the date of entitlement till actual payment.
15. Respondents are further directed to consider the case of original
petitioner at par with juniors for the Kramonnati on completion of 12 and 24
years of service and pass a reasoned and speaking order and if the original
petitioner is found eligible, then benefit of Kramonnati be also extended.
16. With aforesaid, present petition is allowed and disposed of.
(ANAND SINGH BAHRAWAT)
JUDGE
Abhi
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Signed by: ABHISHEK
CHATURVEDI
Signing time: 10/16/2026
6:38:45 PM