Madhya Pradesh High Court
Shankar Lal Namdeo vs The State Of M.P. on 28 March, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 28 th OF MARCH, 2023
WRIT PETITION No. 7174 of 2023
BETWEEN:-
SHANKAR LAL NAMDEO S/O SHRI RAMSAHAY
NAMDEO, AGED ABOUT 69 YEARS, OCCUPATION:
RETIRED SAHAYAK PRIMARY SCHOOL BADA HATTA
SANKUL GOVT. EXCELLENCE H.S.S. HATTA DAMOH
DISTT. DAMOH (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF M.P. THROUGH THE SECRETARY
EDUCATION DEPARTMENT MANTRALAYA
VALLABH BHAWAN BHOPAL M.P. (MADHYA
PRADESH)
2. THE COMMISSIONER PUBLIC INSTRUCTION
GOVT. OF M.P. BHOPAL (MADHYA PRADESH)
3. THE JOINT DIRECTOR TREASURY AND ACCOUNT
PENSION DAMOH DIVISION DAMOH (MADHYA
PRADESH)
4. THE D.E.O. DAMOH DISTRICT DAMOH (MADHYA
PRADESH)
5. THE BLOCK EDUCATION OFFICER HATA
DISTRICT DAMOH (MADHYA PRADESH)
6. THE DISTRICT TREASURY OFFICER DAMOH
DISTRICT DAMOH (MADHYA PRADESH)
7. THE DISTRICT PENSION OFFICER DAMOH
Signature Not Verified
SAN
DISTRICT PENSION OFFICE DAMOH (MADHYA
PRADESH)
Digitally signed by PUSHPENDRA PATEL
Date: 2023.03.28 19:10:01 IST
8. THE SHANKUL PRACHARYA GOVT. EXCELLENCE
2
H.S.S. HATTA BLOCK HATTA DISTRICT DAMOH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
None for the petitioner.
Lawyers are abstaining from Court work.
There is no representation on behalf of the petitioner. This is direct violation of the order(s) dated 24.03.2023 passed by Hon'ble the Division Bench of this Court in Writ Petition No.7295/2023 [In reference (Suo Motu) Vs. Chairman, State Bar Council of Madhya Pradesh and others], wherein following directions have been issued to the Members of the Bar Association:-
"(i) All the advocates throughout the State of Madhya Pradesh are hereby directed to attend to their court work forthwith. They shall represent their clients in the respective cases before the the respective courts forthwith;
(ii) If any lawyer deliberately avoids to attend the court, it shall be presumed that there is disobedience of this order and he will be f a c e d with serious consequences including initiation of proceedings for contempt of court under the Contempt of Courts Act;
(iii) If any lawyer prevents any other lawyer from attending the court work, the same would be considered as disobedience of these directions and he will be faced with serious consequences including initiation of proceedings under the Contempt of Courts Act;
(iv) Each of the judicial officers are directed to submit a report as t o which lawyer has deliberately abstained from attending the Signature Not Verified court;SAN
(v) The judicial officers shall also mention the names of advocates Digitally signed by PUSHPENDRA PATEL Date: 2023.03.28 19:10:01 IST w h o have prevented other advocates from entering the court premises or from conducting their case in the court;3
(vi) Such advocates shall be dealt with seriously which may even include proceedings under the Contempt Courts Act as well as being debarred from practice.'' As nobody is appearing for the petitioner, issue notice by ordinary mode a s well as by registered A/D post against Shri Manoj Kumar Rajak, learned counsel for the petitioner to show cause as to why the contempt proceedings be not initiated against him for deliberate and willful non-compliance of the order(s) of Hon'ble the Division Bench of this Court dated 24.3.2023 passed in Writ Petition No.7295/2023 (In Reference (Suo Motu) versus Chairman, State Bar Council of Madhya Pradesh and Others) for which the Office is directed to take steps within seven working days.
T h e petitioner has filed this petition claiming benefit of Second Krammonnati as per the circular of the State Government dated 17.03.1999 and similar circulars issued from time to time as well as the decision rendered by this court in the case of Smt. Prerna vs. State of M.P. and Others, W.P No.6773/2006, decided on 26.4.2007, which is in the following terms:-
" 1 7 . 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, 19/04/1999, 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 are 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 Signature Not Verified conditions as specified therein.
(iii) In view of the said directions, if the orders of recovery SAN Digitally signed by PUSHPENDRA PATEL Date: 2023.03.28 19:10:01 IST passed by the Government against petitioners are quashed, and if any amount is recovered from them for said reasons 4 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."
I t is observed that the petitioner has directly approached this Court without filing any application before the authorities.
In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation before the authorities claiming the aforesaid benefit alongwith a copy of the order passed today and a copy of the petition, the concerned authority shall examine the same keeping in mind the circulars issued by the State Government from time to time and the order passed by this Court in the case of Smt. Prerna (supra) and decide the same expeditiously in accordance with law and in case the petitioner is found entitled, benefit of the same shall be extended to the petitioner.
However, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order.
Signature Not Verified SANWith the aforesaid direction, the petition filed by the petitioner stands Digitally signed by PUSHPENDRA PATEL disposed of.
Date: 2023.03.28 19:10:01 IST 5(VIVEK AGARWAL) JUDGE pp Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL Date: 2023.03.28 19:10:01 IST