Madhya Pradesh High Court
Shankarlal Soni vs The State Of Madhya Pradesh on 14 December, 2015
WP-21242-2015
(SHANKARLAL SONI Vs THE STATE OF MADHYA PRADESH)
14-12-2015
Shri Narendra Kumar Sharma, Advocate for the petitioner.
Heard on the question of admission.
Petitioner is challenging an action of the respondents in denying
the benefit of second kramonnati and proposing to make recovery of benefit already granted after retirement from service, the question involved in this petition is already decided by a Bench of this Court in the case of Smt. Prerna W/o. Shri Promod Koranne Vs. State of M.P. and Others, in W.P. No.6773/06, decided on 26/04/2007, and subsequently followed by this Court in series of cases, one such order being passed in W.P. No.5756/08(s), Shri R.C. Chourasiya & Others Vs. State of M.P. & Others, decided on 26/05/2008. In the case of Smt. Prerna (Supra) the directions given is as under:-
''17. 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 21.3.1983, 19.4.1999,
02.11.2001 and 03.09.2005. Accordingly, these petitions are disposed of with the following directions :-
1. Clause-3 of the policy dated 3.9.2005 fixing the cut-
off date 1.8.2003 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 21.3.1983, 19.4.1999 and 2.11.2001 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 leviable.
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 21.3.1983, 19.4.1999, 2.11.2001 and 3.9.2005 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
2. In the cases of various employees, who had retired from service and from whose cases, recovery was effected, a bench of this Court in W.P.(s)No.2595/2004, had passed an order on 24.3.2005 quashing similar orders of recovery and directing for refund of the amount already recovered. Keeping in view the order passed by this Court in the case of Smt. Prerna (supra), so also in W.P.(s) No.2595/2004. There is no reason as to why action identical in nature in this petition be not quashed and similar benefit be not extended to the petitioner.
3. In that view of the matter is petition is allowed, order impugned cancelling the Second Kramonnati granted to the petitioner and the consequential order of recovery affected are quashed. Respondents are directed to refund the aforesaid amount to the petitioner in accordance to the order passed, in Paragraph-17 (iii) in the case of Smt. Prerna (supra). Consequently, necessary action be taken for revision of petitioner's pension and other post retiral benefits.
4. If for any reason whatsoever, the State Government finds that the benefit cannot be extended, the authorities are free to record reasons for the same and pass a speaking order.
Petition stands allowed and disposed of with the aforesaid. C.C. as per rules.
(RAJENDRA MENON) JUDGE