Madhya Pradesh High Court
Jaideep Singh Chouhan vs The State Of Madhya Pradesh on 29 November, 2023
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 29 th OF NOVEMBER, 2023
WRIT PETITION No. 5739 of 2021
BETWEEN:-
1. JAIDEEP SINGH CHOUHAN S/O LATE SHRI
BRAJMOHAN SINGH CHOUHAN, AGED ABOUT 51
YEARS, OCCUPATION: ASSIT. GRADE III ADDL.
PCCF FINANCE AND BUDGET BHOPAL (MADHYA
PRADESH)
2. MAHESH CHANDRA PARE S/O LATE SHRI M.L
PARE, AGED ABOUT 59 YEARS, OCCUPATION:
ASSTT. GRADE III O/O ADDL. PCCF FINANCE AND
BUDGET BHOPAL (MADHYA PRADESH)
3. SUSHRI PREMA PANDEY D/O LATE SHRI
SHIVSHARAN PANDEY, AGED ABOUT 57 YEARS,
OCCUPATION: ASSTT. GRADE III O/O ADDL. PCF
VIGILANCE AND COMPLAINT BHOPAL (MADHYA
PRADESH)
4. AYODHYA PRASAD TIWARI S/O LATE SHRI T.P
TIWARI, AGED ABOUT 60 YEARS, OCCUPATION:
ASSTT. GRADE III O/O ADDL. PCCF FINANCE AND
BUDGET BHOPAL (MADHYA PRADESH)
5. P.B MURLIDHARAN S/O LATE SHRI K.K
BHASKARAN, AGED ABOUT 57 YEARS,
OCCUPATION: ASSTT. GRADE III ADDL. O/O
ADDDL PCCF (MADHYA PRADESH)
6. HARISHANKAR VERMA S/O LATE SHRI
BHURELAL VERMA, AGED ABOUT 60 YEARS,
OCCUPATION: ASSTT. GRADE II O/O ADDL. PCCF
DEVELOPMENT (MADHYA PRADESH)
7. J.P NARVARIYA S/O SHRI HANNULAL
NARVERIYA, AGED ABOUT 60 YEARS,
OCCUPATION: ASSTT. GRADE II O/O ADDL. PCCF
RESEARCH AND DEVELOPMENT LOKVANIKI
(MADHYA PRADESH)
8. UDAY TAMHANE S/O LATE SHRI S.S TAMHANE,
Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 12/1/2023
10:30:41 AM
2
AGED ABOUT 60 YEARS, OCCUPATION: ASSTT.
GRADE III O/O ADDL. PCCF RESEARCH AND
DEVELOPMENT LOKVANIKI (MADHYA PRADESH)
9. SOMKUWAR PURUSHOTTAM S/O LATE SHRI
NAMDEV SOMKUWAR, AGED ABOUT 56 YEARS,
OCCUPATION: ASSTT. GRADE II O/O ADDL. PCCF
FOREST LAND RECOREDS (MADHYA PRADESH)
10. SIYASARAN VERMA S/O LATE SHRI
RAMJIYAWAN VERMA, AGED ABOUT 59 YEARS,
OCCUPATION: ASSTT. GRADE III O/O ADDL. PCCF
RESEARCH AND DEVELOPMENT LOKVANIKI
(MADHYA PRADESH)
11. SMT. PREMA SHUKLA W/O SHRI JAYAKANT
SHUKLA, AGED ABOUT 59 YEARS, OCCUPATION:
ASSTT. GRADE III O/O ADDL. PCCF RESEARCH
AND DEVELOPMENT (MADHYA PRADESH)
12. SMT. URMILA PAL W/O SHRI RAMESH CHANDRA
PAL, AGED ABOUT 56 YEARS, OCCUPATION:
ASSTT. GRADE O/O ADDL. PCCF WORKING PLAN
(MADHYA PRADESH)
13. RAMESH CHANDRA PAYAK S/O LATE SHRI
NATHULALJI PAYAK, AGED ABOUT 59 YEARS,
OCCUPATION: ASSTT. GRADE III O/O ADDL. PCCF
INFORMATION TECHNOLOGY (MADHYA
PRADESH)
14. B.L VISHWAKARMA S/O LATE SHRI KHUSHILAL
VISHWAKARMA, AGED ABOUT 65 YEARS,
OCCUPATION: RETD. ASSTT. GRADE II H.NO. 20
GALI NO. 8 NAVEER COLONY CHOLA MANDIR
(MADHYA PRADESH)
15. NAGENDRA PRASAD SINGH S/O LATE SHRI
LEELA SINGH, AGED ABOUT 68 YEARS,
OCCUPATION: RETD. ASSTT. GRADE II H.NO. 52
KRISHNA NAGAR BHOPAL (MADHYA PRADESH)
16. RAMESH KUMAR NAGLE S/O LATE SHRI
SITARAMJI NAGLE, AGED ABOUT 76 YEARS,
OCCUPATION: RETD. ASSTT. GRADE III A 72
UNION CARBIDE COLONY BERASIYA ROAD
(MADHYA PRADESH)
17. B.D MISHRA S/O LATE SHRI SURYANATH
MISHRA, AGED ABOUT 70 YEARS, OCCUPATION:
RETD. ASSTT. GRADE III H.NO. SURAJ NAGAR
Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 12/1/2023
10:30:41 AM
3
SOCIETY BHADBHAD ROAD (MADHYA PRADESH)
18. M.M JHA S/O SHRI ANAND MOHAN JHA, AGED
ABOUT 68 YEARS, OCCUPATION: RETD. ASSTT.
GRADE III H.NO. HIG 21 AYODHYA BY PASS
(MADHYA PRADESH)
19. SMT. RADHA RAVI W/O SHRI P.S RAVI, AGED
ABOUT 70 YEARS, OCCUPATION: RETD. ASSTT.
GRADE II D 4 PRIYANKA NAGAR KOLAR ROAD
(MADHYA PRADESH)
20. K KRISHAN S/O LATE SHRI KRISHAN, AGED
ABOUT 64 YEARS, OCCUPATION: RETD. ASSTT.
GRADE II H.NO. G29 H3 GOLDEN HEIGHT VIEW
PRIYANKA NAGAR (MADHYA PRADESH)
21. SMT. USHA BORKAR W/O SHRI B.D BORKAR,
AGED ABOUT 64 YEARS, OCCUPATION: RETD.
ASSTT. GRADE II H.NO 73 PALASH PARISAR
GULMOHAN COLONY (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.S. JHA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THRO.
PRINCIPAL SECRETARY DEPARTMEANT OF
FOREST VALLABH BHAWAN BHOPAL (M.P.)
(MADHYA PRADESH)
2. PRINCIPAL SECRETARY FINANCE DEPARTMENT
MANTRALAYA VALLABH BHAWAN (MADHYA
PRADESH)
3. PRINCIPAL CHIEF CONSERVATOR OF FOREST
FOREST DEPARTMENT SATPURA BHAWAN
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Learned counsel for the petitioner contends that order impugned dated 29.01.2021 (Annexure-P/1, P/2 and P/3) by which, the respondents have sought Signature Not Verified Signed by: MANOJ NAIR Signing time: 12/1/2023 10:30:41 AM 4 to recover the benefit of Kramonnati is being assailed.
2. It is contended by the counsel for the petitioner that an identical issue has already been adjudicated before the Indore Bench of this Court in W.P. No.5185/2017 (Anandilal Bhatewra vs. State of M.P. and Ors.) and also in W.P. No.5737/2018 (Anil Kumar Sharma vs. State of M.P. and Ors.). The Indore Bench of this Court has conclusively decided the issue that the employer cannot insist upon the criteria pertaining to qualifying account examination pass certificate in order to extend the benefit of Kramonatti after completion of 20-30 years of service. Therefore, counsel submits that in the light of the aforesaid decision, the orders impugned deserve to be quashed.
3 . Per contra, learned counsel for the respondent does not dispute that the identical issue has been decided by the Indore Bench of this Court in W.P. No.5185/2017 (Anandilal Bhatewra vs. State of M.P. and Ors.) as well as in W.P. No.5737/2018 (Anil Kumar Sharma vs. State of M.P. and Ors.).
4 . Therefore, taking into consideration the aforesaid, as the issue involved in the petition is already covered by the decision of the Indore Bench of this Court in W.P. No.5185/2017 (Anandilal Bhatewra vs. State of M.P. and Ors.) as well as in W.P. No.5737/2018 (Anil Kumar Sharma vs. State of M.P. and Ors.), the order impugned dated 29.01.2021 (Annexure-P/1, P/2 and P/3) stands quashed.
5 . If any amount has already been recovered on the strength of impugned order dated 29.01.2021 (Annexure-P/1, P/2 and P/3), the same shall be refunded back (if already not refunded) to the petitioner within a period of 90 days from today.
Signature Not Verified Signed by: MANOJ NAIR Signing time: 12/1/2023 10:30:41 AM 56. With the aforesaid, the petition stands disposed of.
(MANINDER S. BHATTI) JUDGE mn Signature Not Verified Signed by: MANOJ NAIR Signing time: 12/1/2023 10:30:41 AM