Madhya Pradesh High Court
Ram Autar Sharma vs The State Of Madhya Pradesh on 18 January, 2017
WP-805-2017
(RAM AUTAR SHARMA Vs THE STATE OF MADHYA PRADESH)
18-01-2017
Shri K.P. Singh, learned counsel for the petitioners.
Ms. Surbhi Nigam, learned Dy. Government Advocate for the
respondent/State.
Heard.
The petitioners before this Court is challenging an action of the respondents in denying the benefit of second Kramonnati and proposing to make recovery of benefit already granted, the question involved in this petition already decided by a Bench of this Court in the case of Smt. Prerna W/o Shri Promod Koranne vs. State of M.P. & others, in W.P. No.6773/2006, decided on 26.04.2007 wherein following the directions have been issued:-
â17. Consequently, these petitions are allowed. The petitioners are entitled to derive the benefit of second Krammonnati 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 the policy dated 03.09.2005 fixing the cutoff date 01.08.2003 to grant the benefit of second Krammonnati to the teachers is arbitrary, discriminatory, hence quashed.
ii) Teachers of education Department or Tribal Welfare Department are held entitled to get the benefit of Krammonnati 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 Prerna from them for said reasons be refunded back to them within three months with interest at the rate of 6% per annum, on failure to comply the said directions within the aforesaid time, the interest at the rate 9% per annum will be levyable.
iv) In some of the cases the benefit of second Krammonnati 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 six months from today and the arrears thereof be released along with permissible amount of interest under the law.â Keeping in view of the aforesaid, the respondents shall examine the case of the petitioners in the light of the aforesaid directions within a period of two months from the date of receipt of certified copy of this order and if it is found that petitioners are also entitled to similar benefit in the light of law laid down in the case of Smt. Prerna (Supra), an appropriate speaking order be passed. Amount, if any, recovered from the petitioners in pursuance to the impugned action, shall also be refunded in the case it is found that petitioners are entitled to similar benefit. Needless to emphasize that order as directed hereinabove shall be passed and communicated to the petitioners within two months.
Accordingly, orders impugned in this petition are quashed and in the case of petitioners, who are already retired, necessary action be taken for revision of their pension and other post retiral benefits.
If for any reason whatsoever the State Government finds that the benefit cannot be extended, it is for the authorities concerned to record reasons for the same and pass a speaking order.
With the aforesaid direction, the petition filed by the petitioner stands disposed of.
C.C. as per rules.
(SUBODH ABHYANKAR) JUDGE sjk