Madhya Pradesh High Court
Bhagwan Prasad Sharma vs The State Of Madhya Pradesh on 3 July, 2014
WRIT PETITION No.9651/2014
03/07/2013
Shri Rahul Mishra, learned counsel for the
petitioners .
Shri Rajesh Tiwari, learned Government
Advocate for respondents, on advance copy.
Heard.
Petitioners have filed the writ petition seeking grant of two advance increments in accordance with the provisions of Fundamental Rule 22-D. A Division Bench of this Court in W.P.No.1104/2001 ( State of M.P. Vs. Dayaram Patidar ) decided on 04/10/2002 had granted the benefit to similarly situated employees and following the same in W.P.No.(s) No.1568/2004, orders have been passed to decide the claim of the petitioners in accordance with the law laid down in the case of Dayaram Patidar (supra).
Keeping in view the aforesaid, respondents are directed to decide the claim of the petitioners also in accordance with the principles laid down in the case of Dayaram Patidar (supra) and confer the benefit to the petitioners within a period of three months from the date of receipt of certified copy of this order.
Needless to emphasis, that in case respondents find that petitioners are not entitled for the said benefit, it shall be incumbent upon the respondents to record reasons for the same and communicate it to the petitioners. Accordingly the petition stands disposed of. Certified copy as per rules.
(K.K. Trivedi) Judge shukla WRIT PETITION No.750/2011 04/09/2012 Shri A.P.Singh, learned counsel for the petitioner.
Shri Yogesh Dhande, learned Deputy Government Advocate for the respondent no.1.
Shri Sanjay Singh, learned counsel for the respondents no.2 & 3.
Heard finally.
Order dictated, signed and dated separately.
(K.K. Trivedi) Judge s/-
WRIT PETITION No.6363/201220/06/2012 Shri Shahidullah Baig, learned counsel for the petitioner.
Ms.Sharda Dubey, learned Panal Lawyer for the respondents-State on advance copy.
Heard on the question of admission and interim relief. Stating that the petitioners is also similarly placed person that of Dharam Pal Chaurasiya and others, who have approached this Court by filing Writ Petition No. 2858/2005 (S), which was disposed of finally vide order dated 23.11.2007 the petitioners is also entitled to be given the benefit of order passed by coordinate bench of this Court at Indore in W.P. No.6773/2006 (S) (Smt. Prerna W/o Shri Promod Koranne Vs. State of M.P. & others) decided on 26.1.2007, the petitioners have prayed for similar directions.
It is seen that the aforesaid writ petition was decided in the following manner:
"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 19/4/1999, 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 teachers is arbitrary, discriminatory, hence quashed.
(ii) Teachers of Education Department or Tribal Welfare Department 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 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."
In the cases of various employees, who had retired from service and in whose cases recovery was effected, a Bench of this Court in W.P.No.2595/2004 had passed an order on 24/03/2005 quashing 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.
When the matter came up for hearing learned counsel for the petitioner submitted that this petition may be disposed of directing the respondents to examine the petitioner's claim in the light of the aforesaid directions issued in the case of of Smt. Prerna Vs. State of M.P. and others (supra).
The aforesaid prayer has not been opposed by learned Government Advocate.
Accordingly this petition is disposed of directing the respondents to examine the claim of petitioner in the light of the order passed by Indore Bench of this Court in case of Smt. Prerna W/o Pramod Vs. State of M.P. and other (supra). In case after examination it is found that the claim of the petitioner is similar, the petitioner be also extended the same benefits within the time fixed in the said order from the date of receipt of copy of this order by the respondents.
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.
Certified copy as per rules.
(K.K. Trivedi) Judge s/-
WRIT PETITION No.18614/20118/11/2011 Shri Prashant Chourasia, learned counsel for the petitioner.
Shri S.S.Bisen, learned Government Advocate for the respondents-State on advance copy.
Heard on the question of admission and interim relief. Stating that the petitioners is also similarly placed person that of Dharam Pal Chaurasiya and others, who have approached this Court by filing Writ Petition No. 2858/2005 (S), which was disposed of finally vide order dated 23.11.2007 the petitioners is also entitled to be given the benefit of order passed by coordinate bench of this Court at Indore in W.P. No.6773/2006 (S) (Smt. Prerna W/o Shri Promod Koranne Vs. State of M.P. & others) decided on 26.1.2007, the petitioners have prayed for similar directions.
It is seen that the aforesaid writ petition was decided in the following manner:
"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 19/4/1999, 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 teachers is arbitrary, discriminatory, hence quashed.
(ii) Teachers of Education Department or Tribal Welfare Department 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 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."
In the cases of various employees, who had retired from service and in whose cases recovery was effected, a Bench of this Court in W.P.No.2595/2004 had passed an order on 24/03/2005 quashing 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.
When the matter came up for hearing learned counsel for the petitioner submitted that this petition may be disposed of directing the respondents to examine the petitioner's claim in the light of the aforesaid directions issued in the case of of Smt. Prerna W/o Shri ... Vs. State of M.P. and others (supra).
The aforesaid prayer has not been opposed by learned Government Advocate.
Accordingly this petition is disposed of directing the respondents to examine the claim of petitioner in the light of the order passed by Indore Bench of this Court in case of Smt. Prerna W/o Pramod Vs. State of M.P. and other (supra). In case after examination it is found that the claim of the petitioner is similar, the petitioner be also extended the same benefits within the time fixed in the said order from the date of receipt of copy of this order by the respondents.
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.
Certified copy as per rules.
(K.K. Trivedi) Judge WRIT PETITION No.10865/2011 18/07/2011 Shri Dharmesh Chaturvedi, learned counsel for the petitioners.
Shri B.N. Mishra, learned Government Advocate for the respondents-State on advance copy.
Heard on the question of admission and interim relief. Stating that the petitioners are also similarly placed persons that of Dharam Pal Chaurasiya and others, who have approached this Court by filing Writ Petition No. 2858/2005 (S), which was disposed of finally vide order dated 23.11.2007 the petitioners are also entitled to be given the benefit of order passed by coordinate bench of this Court at Indore in W.P. No.6773/2006 (S) (Smt. Prerna W/o Shri Promod Koranne Vs. State of M.P. & others) decided on 26.1.2007, the petitioners have prayed for similar directions.
It is seen that the aforesaid writ petition was decided in the following manner:
"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 19/4/1999, 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 teachers is arbitrary, discriminatory, hence quashed.
(ii) Teachers of Education Department or Tribal Welfare Department 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 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."
When the matter came up for hearing learned counsel for the petitioners submitted that this petition may be disposed of directing the respondents to examine the petitioner claim in the light of the aforesaid directions issued in the case of of Smt. Prerna W/o Shri ... Vs. State of M.P. and others (supra).
The aforesaid prayer has not been opposed by learned Government Advocate.
Accordingly this petition is disposed of directing the respondents to examine the claim of petitioners in the light of the order passed by Indore Bench of this Court in case of Smt. Prerna W/o Pramod Vs. State of M.P. and other (supra). In case after examination it is found that the claim of the petitioners is similar, the petitioners be also extended the same benefits within the time fixed in the said order from the date of receipt of copy of this order by the respondents.
Certified copy as per rules.
(K.K. Trivedi) Judge Skc