Madhya Pradesh High Court
Ramesh Kumar Balmiki vs The State Of Madhya Pradesh on 2 August, 2022
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 2nd OF AUGUST, 2022
WRIT PETITION No. 14836 of 2022
Between:-
RAMESH KUMAR BALMIKI S/O LATE ADKU
BALMIKI, AGED ABOUT 55 YEARS,
OCCUPATION: WORKING AS SWEEPER IN THE
OFFICE OF CHIEF MEDICAL AND HEALTH
OFFICER TIKAMGARH, R/O BAHARKOT
HARIJAN BASTI TIKAMGARH (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ KUMAR CHANSORIYA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
ITS PRINCIPAL SECRETARY PUBLIC HEALTH
AND FAMILY WELFARE DEPARTMENT
MINISTRY VALLABH BHAWAN DISTRICT
BHOPAL (MADHYA PRADESH)
2. JOINT DIRECTOR, TREASURY, ACCOUNTS, AND
PENSION SAGAR DIVISION DISTRICT SAGAR
M.P.
3. CHIEF MEDICAL AND HEALTH OFFICER
TIKAMGARH DISTRICT TIKAMGARH (MADHYA
PRADESH)
4. DISTRICT TREASURY/PENSION OFFICER
TIKAMGARH DISTRICT TIKAMGARH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SUBODH KATHAR, GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Signature Not Verified Signed by: MANZOOR AHMED Signing time: 8/3/2022 12:23:31 PM 2 Petitioner is Class-IV employee holding the post of Sweeper in the respondents-department. He is aggrieved by the order, whereby an objection has been made in his service book that he is not entitled for Kramonnati Pay Scale/Time Pay Scale, which was granted to the petitioner earlier prior to 1.1.2016 and thereafter recovery order has been issued against him and the amount has been withdrawn.
Learned counsel for the petitioner has placed reliance in the order 15.7.2022 passed by this Court in WP No.14840/2022 wherein this Court has allowed the petition in terms of the order dated 28.9.2021 passed by the Coordinate Bench of this Court in WP No.24226/2019 (Ashfaq Hussain Vs. State of MP & others) and in WP No.24247/2019 (Farooque Hussain Vs. State of MP & others), and directed the authorities to extend the benefit of first and second time Kramonnati to the petitioners, if there is no other legal impediment. It is submitted that the present petitioner is also similarly situated employee in the same department. It is prayed that this petition be also allowed in view of the aforesaid order.
Learned counsel for the State has not disputed the aforesaid fact. Considering the aforesaid, this petition is allowed in the light of the order dated 15.7.2022 passed by this Court in WP No.14840/2022 and the impugned objection made in the service book of the petitioner is quashed. The authorities are directed to extend the benefit of first and second time Kramonnati to the petitioner, if there is no other legal impediment.
The aforesaid exercise be completed within a period of three months from the date of receipt of certified copy of this order.
Certified copy as per rules.
Signature Not Verified Signed by: MANZOOR AHMED Signing time: 8/3/2022 12:23:31 PM 3(NANDITA DUBEY) JUDGE Ansari Signature Not Verified Signed by: MANZOOR AHMED Signing time: 8/3/2022 12:23:31 PM