Madhya Pradesh High Court
Panchayat And Rural Development ... vs Rajendra Solanki on 16 August, 2021
Author: Sujoy Paul
The High Court Of Madhya Pradesh, Bench At Indore
W.A No.475/2020
(State of MP Vs. Omprakash Vyas) 1
W.A No.479/2020
(Panchayat and Rural Development Department Vs. Rajendra Solanki )
INDORE; DATED - 16/08/2021
Shri Aditya Garg, learned counsel for the appellants/State.
IA Nos.1242/2020 and 1252/2020, applications for
condonation of delay is taken up.
As per office report, these appeals are barred by 24 and 98
days in filing the present appeal.
The delay is properly explained, therefore, IA Nos.1242/2020
and 1252/2020 stands allowed.
The delay is condoned.
In view of similarity of matters, the matters were analogously
heard on admission.
The facts are taken from WA No.475/2020.
In this Intra-Court Appeal, the order of learned Single Judge
dated 19.11.2019 passed in WP No.4290/2018 and WP
No.4287/2018 are called in question.
Shri Aditya Garg, learned counsel for the appellant/State
submits that the respondent/petitioner was promoted from the post
of Assistant Grade III to Assistant Grade II. He also got the benefit
of financial upgradation namely Kramonnati. The benefit of FR-22-
D was given to him but after realizing that he has already got the
benefit of Kramonnati, the same was directed to be withdrawn and
consequently recovery was directed to be made for the excess
amount arising out of grant of FR-22-D.
Learned counsel for the appellant submits that after having
received the benefit of Kramonnati, the employees were no-more
entitled to get the benefit of FR-22-D.
The High Court Of Madhya Pradesh, Bench At Indore
W.A No.475/2020
(State of MP Vs. Omprakash Vyas) 2
W.A No.479/2020
(Panchayat and Rural Development Department Vs. Rajendra Solanki )
No other point is pressed by the learned counsel for the
appellant/State.
The singular point raised is no-more res-integra and has been
taken into account by the learned Single Judge by following the
judgment of Gwalior bench in Ram Siya Sharma Vs. State of MP
and Ors reported in 2013 (1) MPLJ 51. The Gwalior bench
considered the aspect of financial upgradation/kramonnati and the
promotion. After a detail judgment, the bench opined that grant of
benefit of Kramonnati cannot result into denial of benefit of FR-22-
D.
The judgment of learned Single Judge is based on the
judgment of Gwalior bench in Ram Siya Sharma (supra). The
learned Single Judge has taken a plausible view which does not
warrant any interference by this Court in view of judgment of the
Apex Court in Management of Narendra and Company Pvt. Ltd. Vs.
Workmen of Narendra and Co reported in (2016) 3 SCC 340.
Writ appeals are devoid of merits. The admission is declined.
Accordingly, writ appeals are dismissed.
(Sujoy Paul) (Anil Verma)
Judge Judge
sourabh
Digitally signed by
SOURABH YADAV
Date: 2021.08.17
10:00:58 +05'30'
