Madhya Pradesh High Court
Chet Ram Mahore vs The State Of Madhya Pradesh on 22 August, 2014
W.P. No. 12144/2014
(Chet Ram Mahore and others Vs. State of MP and
others)
22.08.2014
Heard Shri RK Vishwakarma, learned counsel for the
petitioners on the question of admission and interim relief.
The petitioners have filed this petition claiming
benefit of the second Krammonnati as per the circular of
the State Government dated 19.4.1999 and similar
circulars issued from time to time as well as the decision
rendered by 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, which is in the following terms:-
"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.
(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 prernafrom 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 along with permissible amount of interest under the law."
It is observed that the petitioners have directly approached this Court without filing any application before the authorities.
In view of the aforesaid, the petition filed by the petitioners is disposed of with a direction to the effect that in case the petitioners file a representation along with a copy of the order passed today and a copy of the petition before the authorities within two weeks from today claiming the aforesaid benefit, the concerned authority shall consider and decide the representation of the petitioners keeping in mind the order passed by this Court in the case of Smt. Prerna (supra) expeditiously in accordance with law and in case the petitioners are found entitled, benefit of the same shall be extended to the petitioners.
However, 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 examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation 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 msp