Madhya Pradesh High Court
Vipin Bihari Khare vs The State Of Madhya Pradesh on 26 August, 2014
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W.P. No.12659/2014
Vipin Bihari Khare vs. State of M.P. & Ors
26.08.2014
Heard Shri Ramakant Awasthi learned counsel
for the petitioner, on the question of admission.
The petitioner, who is a retired Assistant
Teacher, has filed this petition claiming benefit of
the second Krammonnati as per the circulars of the
State Government dated 17.3.1999 and 19.4.1999.
The learned counsel for the petitioner submits
that the issue raised by the petitioner stands
concluded by the decision of this Court in the case
of Smt. Prerna vs. State of M.P. and Others,
W.P No.6773/2006, decided on 26.4.2007.
"17. Consequently these petitions are allowed.
The petitioners are entitled to derive the benefit of
second Kramonnati according to the terms and
conditions mentioned in the circular dated
21/03/1983, 19/04/1999, 02/11/2001 and
03/09/2005. Accordingly, these petitions are
disposed of with 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.
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W.P. No.12659/2014
Vipin Bihari Khare vs. State of M.P. & Ors
(ii) Teachers of Education Department or Tribal
Welfare Department are held entitled to get the
benefit of Kramonnati under the policy dated
21/03/1983, 19/04/1999 and 02/11/2001, in
accordance with the terms and conditions as
specified therein.
(iii) In view of the said directions, if the orders of
recovery passed by the Government against
petitioners are quashed, and if any amount is
recovered from them for said reasons be refunded
back to them within three months, with interest @
6% per annum, on failure to comply the said
directions within the aforesaid time, the interest @
9% per annum will be levyable.
(iv) In some of the cases, the benefit of second
Kramonnati has not been allowed to the petitioners,
however on due consideration of their cases, the
respondents are directed to do the needful in
accordance with the policy dated 21/03/1983, 19/04/1999, 02/11/2001 and 03/09/2005 and settled their claim including post retiral and pensionary benefits within the period of 6 months from today and the arrears thereof be released 3 W.P. No.12659/2014 Vipin Bihari Khare vs. State of M.P. & Ors along with permissible amount of interest under the law."
It is observed that the petitioner has directly approached this Court without filing any application before the authorities bringing to their notice the circular of the State Government and the order passed by this Court in the case of Smt. Prerna (supra).
In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation before the respondent authorities within three weeks from today bringing to their notice the circulars of the State Government dated 17.3.1999 and 19.4.1999 and the decision rendered in the case of Smt. Prerna (supra), alongwith a certified copy of the order passed today and a copy of the petition, the concerned authority shall consider and decide the same expeditiously in accordance with law preferably within a period of three months thereafter, keeping in mind the circular of the State Government dated 19.4.1999 and the subsequent circulars issued in that respect as well as the decision rendered in the case of Smt. Prerna (supra).
4 W.P. No.12659/2014Vipin Bihari Khare vs. State of M.P. & Ors It is made clear that this Court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to consider the representation by taking all facts and facets into consideration and thereafter either accept or reject the same by passing a reasoned order.
With the aforesaid direction, the petition filed by the petitioner stands disposed of.
C.C as per rules.
( R. S. JHA ) JUDGE mms/-