Madhya Pradesh High Court
Durga Prasad Patel vs The State Of Madhya Pradesh on 15 December, 2017
THE HIGH COURT OF MADHYA PRADESH
WP-22060-2017
sh
(DURGA PRASAD PATEL Vs THE STATE OF MADHYA PRADESH)
e
Jabalpur, Dated : 15-12-2017
ad
Shri Amit Kumar Bajpai, counsel for the petitioners.
Pr
Shri Pushpendra Yadav, learned Dy. A.G. for the
respondents/State.
a This petition has been filed by the petitioners who are retired hy Assistant Teachers seeking direction to extend the benefit of the ad judgment rendered by a Bench of this Court in Smt. Prerna W/o. Shri M Promod Koranne Vs. State of M.P. and Others, in W.P. No.6773/06, decided on 26/04/2007 wherein following the directions have been of issued:-
â17. Consequently, these petitions are allowed. rt The petitioners are entitled to derive the benefit of ou second Krammonnati according to the terms and conditions mentioned in the circular dated C 21.3.1983, 19.4.1999, 02.11.2001 and 03.09.2005.
Accordingly, these petitions are disposed of with the h following directions :-
ig i. Clause-3 of the policy dated 3.9.2005 fixing the cut of H 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.
sh iv. In some of the cases the benefit of second Krammonnati e has not been allowed to the petitioners, however on due ad consideration of their cases, the respondents are directed to do the needful in accordance with the policy Pr dated 21.3.1983, 19.4.1999, 2.11.2001 and 3.9.2005 and settled their claim including post retiral and pensionary a benefits within the period of six months from today and hy the arrears thereof be released along with permissible amount of interest under the law.â ad In view of the foregoing, this petition stands disposed of with the M direction to the respondents to consider the the grievance of the petitioners and to decide the same. It is further observed that in case of the petitioners are found entitled to get such benefit in the light of the rt judgment of Smt. Prerna (supra) then it be extended otherwise ou assigning the reasons and affording an opportunity of hearing, appropriate order be passed within four months from today. It is C further observed that if the petitioners are found entitled to such h benefit then the pensionary benefit be extended accordingly. Needless ig to observe that in case any adverse order is passed against the H petitioners, they would be at liberty to take recourse of law.
(J.K. MAHESHWARI) JUDGE PK Digitally signed by PARITOSH KUMAR Date: 2017.12.21 11:12:52 +05'30'