Madhya Pradesh High Court
Nand Kishore Nayak (D)Lrs Smt. Laxmi Bai ... vs The State Of Madhya Pradesh on 17 February, 2012
1
W.P. No.2596/2012 (S)
Nand Kishore Nayak & two others. vs. State of M.P. & others.
17.02.2012
Shri Amit Chaturvedi, learned counsel for the
petitioners.
Shri Piyush Dharmadhikari, learned G.A. for
respondent/State.
Heard, on the question of admission. 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, 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 2 W.P. No.2596/2012 (S) Nand Kishore Nayak & two others. vs. State of M.P. & others.
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 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 3 W.P. No.2596/2012 (S) Nand Kishore Nayak & two others. vs. State of M.P. & others.
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, however, 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 before the authorities claiming the aforesaid benefit alongwith a copy of the order passed today and a copy of the petition, the concerned authority shall examine the same 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 4 W.P. No.2596/2012 (S) Nand Kishore Nayak & two others. vs. State of M.P. & others.
reject the representation by passing a reasoned order.
With the aforesaid direction, the petition filed by the petitioners stands disposed of.
C.C as per rules.
( R. S. JHA ) JUDGE mct