Madhya Pradesh High Court
Manoharlal Sharma vs The State Of Madhya Pradesh on 15 December, 2015
WP-21241-2015
(MANOHARLAL SHARMA Vs THE STATE OF MADHYA PRADESH)
15-12-2015
Shri Narendra Sharma, learned counsel for the petitioners.
Petitioners are challenging action of the respondents in
denying the benefit of second Kramonnati. The question involved in this petition has already been decided by a Bench of this Court in the case of Smt. Prerna W/o Shri Pramod Koranne Vs. State of M.P. and Others in W.P.No.6773/06, decided on 26/04/07, and subsequently followed by this Court in series of cases, one such order being W.P.No.5756/08(s), Shri R.C. Chaurasiya & Others Vs. State of M.P. & Others, decided on 26/05/2008. In the case of Smt. Prerna (Supra) the direction given is as under :
â17. 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.â In view of the aforesaid without commenting upon merits of the matter and petitioners' entitlement the petition is disposed of by directing the respondents to examine the case of the petitioners in the light of the aforesaid directions within a period of three months from the date of receipt of certified copy of this order. However, if the respondents feel that the petitioners' case is not covered by the said order, they shall pass an speaking order for rejecting the petitioners' claim.
Certified copy as per rules.
(SHANTANU KEMKAR) JUDGE