Madhya Pradesh High Court
Ram Swaroop Bhoj Others vs State Of Madhya Pradesh on 29 April, 2019
1 WP-8733-2019
The High Court Of Madhya Pradesh
WP-8733-2019
(RAM SWAROOP BHOJ OTHERS Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 29-04-2019
Shri Neeraj Shrivastava, Advocate for the petitioners.
Shri RK Soni, Government Advocate for the respondents/ State.
With the consent of both the parties, this petition is disposed of at the admission stage.
The grievance of the petitioners, who are retired teachers, is with regard to non-grant of second Krammonati despite the petitioners having served for more than 24 years for the said purpose. Reliance is being placed on the order dated 26.04.2007 passed in a bunch of Writ petitions including the Writ Petition No.6773 of 2006 (S) (Smt. Prerna Vs. State of M.P. and Others) decided by Single Bench of this Court which, as per submission of the counsel for the rival parties has attained finality and has binding effect in view of dismissal of the Writ Appeal No.658 of 2007 on 18.12.2008. It is further contended by the counsel for the petitioners that by executive instruction dated 04.06.2010, the Commissioner of Public Instructions, Bhopal has issued directions to all the Joint Directors, Public Instructions and District Education Officers to extend the benefit flowing out of the decision in the case of Smt. Prerna (Supra) to all the equally situated persons.
As the aspect of parity in the case of petitioner with the case of Smt. Prerna (supra) is not disputed by the State Counsel, therefore, this petition is disposed of with the following directions:-
(i) The petitioners are directed to prefer fresh representations containing all the necessary material facts to demonstrate parity of their cases with the case of Smt. Prerna (supra) within a period of one month from today;
(ii) The concerning respondents-authorities on receipt of the said representations, are directed to decide the same in accordance with law within a period of 60 days thereafter from the date of receipt of said
2 WP-8733-2019 representations along with a certified copy of this order;
(iii) In case, the petitioners are found to be similarly placed when compared with the case of Smt. Prerna (supra), the benefit as admissible to them in terms of Smt. Prerna's case be extended to them within a further period of 60 days; and
(iv) In case the competent authority does not find parity as aforesaid, then, representations of the petitioner be decided by speaking order and the same be communicated to the petitioners as expeditiously as possible.
Certified copy as per rules.
(G.S. AHLUWALIA) JUDGE MKB MAHENDRA KUMAR BARIK 2019.04.30 10:54:23 +05'30'