Madhya Pradesh High Court
Rodmal vs Finance Department on 22 March, 2024
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 22nd OF MARCH, 2024
WRIT PETITION No. 13425 of 2019
BETWEEN:-
RODMAL S/O BULAJI, AGED ABOUT 65
YEARS, OCCUPATION: PENSIONER EWS
220, HOUSING BOARD COLONY,
SHAJAPUR (MADHYA PRADESH)
.....PETITIONER
PETITIONER IN PERSON
AND
FINANCE DEPARTMENT PRINCIPAL
1. SECRETARY VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
PRINCIPAL SECRETARY VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
JOINT DIRECTOR FINANCE
3. DEPARTMENT DIVISION UJJAIN,.
(MADHYA PRADESH)
THE DISTRICT ORGAINIZER
4. ORGAINIZER DEWAS (MADHYA
PRADESH)
DISTRICT PENSION PAYMENT OFFICER
5. DISTRICT PENSION PAYMENT OFFICER
DEWAS (MADHYA PRADESH)
.....RESPONDENTS
MS. HARSHLATA SONI, PANEL LAWYER
This petition coming on for order this day, the court passed the following:
ORDER
1. This petition has been filed by the petitioner Rodmal under Article 226 of the Constitution of India seeking the following relief:-
Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 05-04-2024 18:43:31 2
"a. That, the Hon'ble Court may kindly be pleased to call the records of the matter and direct the respondents to release the benefits of Krammonati on completion of 12 years and 24 years service along with interest on delayed payments.
b. The Hon'ble Court deemed any other relief fit and proper in the circumstances of the cases of this writ petition be also awarded."
2. The grievance of the petitioner is that he is not being provided the benefit of Krammonati for the total length of his service by the Department of Tribal Welfare. It is also submitted that the department has not complied with the judgment dated 14.1.1998, passed by the State Administrative Tribunal wherein it was found that the petitioner was entitled to receive exemption from passing Hindi typing examination from 1.8.1986, and the order dated 29.7.1997, passed by the respondent whereby it was held that the petitioner's services have been regularised from 1.9.1989, and he has been sanctioned increments from 1.9.1990 has also been set aside.
3. The petitioner's further grievance is that the respondents have also recovered the arrears paid to him of Krammonati, which was released after completion of his 12 years and 24 years of service. Although by way of amendment, the petitioner has also tried to challenge the order dated 1.9.2018, whereby, recovery of Krammonati amount has been directed but no specific objection regarding the same have been averred either in the facts of the petition nor in the grounds of the petition.
4. A reply to the petition has also been filed by the respondents stating that only after petitioner attained the age of 40 years on 1.9.1989, which is the age limit for grant of exemption from passing the Hindi typing examination, he was found to be eligible for the grant of annual increment from 1.9.1989. It is also stated that taking Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 05-04-2024 18:43:31 3 into consideration the said date i.e., 1.9.1989, the petitioner was extended the benefit of 1st Krammonati after 12 years from 1.9.1989 i.e., on 1.9.2001, and since the petitioner had attained the age of superannuation on 31.8.2009, he was retired accordingly, hence the petitioner does not fall under the category of grant of 2 nd Krammonati as before completion of 12 years' service from 1.9.2001, he attained the age of superannuation.
5. It is also stated that so far as the circular Annexure P/3 relied upon by the petitioner is concerned, the same has come into force w.e.f., 1/4/2006 only and the petitioner is not entitled to claim for any benefit under the said circular. It is also stated that at no point of time, the petitioner had ever challenged the non grant of annual increment from the date of appointment till his attaining the age of 40 years,i.e, on 1.9.1989, therefore, the petitioner is estopped from raising any challenge in this regard.
6. It is also further stated that the petitioner has been granted the benefit of 1 st Krammonati as per Rules and Scheme of Krammonati, and has also been paid the monetary benefit of 1st Krammonati which amount has already been deposited in his bank account. Copy of monetary benefits of 1 st Krammonati along with the requisite Bank statements are also placed on record.
7. The petitioner has not filed any rejoinder to the aforesaid reply Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 05-04-2024 18:43:31 4
8. Having considered the rival submissions, and on perusal of the documents filed on record, it is found that so far as the order passed by the State Administrative Tribunal in original application No.436/1995 (Rodmal Vs. State of M.P.) dated 14.1.1998 is concerned the relevant para of the same reads as under:-
'4. The facts of the case are not in dispute. It has been admitted that the order of removal of the applicant from services was finally set aside by the State Government (respondent no.1) by order dated 1.5.1997 (Annexure R-1). The punishment awarded by the Collector of removal of the applicant from services was set aside and the applicant was ordered to be taken back into services and the entire period was to be treated as having been spent on duty. The applicant was in fact, taken back on duty when he had preferred his first appeal before the Director of Tribal Welfare, Bhopal who had given a stay on the operation of the order of his termination of services and he was taken back on duty. It has also been admitted that the applicant has been regularised from 1.9.1989 and he has been sanctioned increments from 1.9.1990 as is evident from Annexure R-3. ..........
5. From the facts and the policy stated hereinabove, the petition is allowed. The applicant is found entitled to receive exemption from passing Hindi Typing examination from 1.8.1986. The order dated 29.7.1997 (annexure R-3) of the District Organiser Tribal Scheduled Caste and Backward Welfare Shajapur is hereby set aside. He is directed to pass a fresh order granting exemption to the applicant from passing Hindi Typing Examination in the light of the provisions of circular (Annexure A-1) and accordingly, sanction him the regular annual increments thereafter. Respondents are further directed to make payment of arrears which will become payable to the applicant on the passing of the fresh order as directed hereinabove. As regard interest, since the appeal against the removal of the applicant from services was decided only on 1st May, 1997 the delay could not be ascribed to any administrative lapse and hence the applicant is not entitled to interest. With these directions, the petition is disposed of with no order as to costs."
(emphasis supplied)
9. On perusal of the aforesaid order it is apparent that the petitioner has been found entitled to receive the exemption from passing Hindi typing examination Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 05-04-2024 18:43:31 5 w.e.f., 1.8.1986 and the order dated 29.7.1997 (Annexure R-3) has been set aside whereby the petitioner was regularised w.e.f., 1.9.1989, and was sanctioned increments from 1.9.1990. On the other hand respondents have taken a specific plea that the petitioner would be entitled to receive annual increment from 1.9.1989 as he had attained the aged of 40 years on 1.9.1989.
10. In the considered opinion of this Court, the aforesaid stand taken by the respondents in holding that the petitioner was exempted from passing the hindi typing examination after completion of 40 years on 1.9.1989, runs contrary to the order passed by the State Administrative Tribunal as aforesaid.
11. Thus, in the considered opinion of this Court, the petitioner would be entitled to the benefits of first Krammonati after 12 years from 1.8.1986, instead of 1.9.1989.
However, since the petitioner had not put in requisite number of years in service for his entitlement to get the second Krammonati. his claim for second Krammonati is hereby rejected.
12. As a result the petition is partly allowed and the respondents are directed to grant benefit of first Krammonati to the petitioner after 12 years from 1.8.1986 instead of 1.9.1989, and thus, the respondents are directed to recalculate the additional benefit which would accrue to the petitioner after completing 12 years from 1.8.1986. The necessary payment shall be made to the petitioner within further period of three months from the date of receipt of this order with interest @6% p.a.
13. The petition stands partly allowed and disposed of.
Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 05-04-2024 18:43:31 6
(SUBODH ABHYANKAR) JUDGE das Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 05-04-2024 18:43:31