Sudhir Hardikar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8119 MP

                                                                      1                                 WP-3397-2018
                                       The High Court Of Madhya Pradesh
                                                 WP No. 3397 of 2018
                                          (SUDHIR HARDIKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                         Jabalpur, Dated : 02-12-2021
                                 Shri Ram Gopal Rai, learned counsel for the petitioner.

                                 Shri Vijay Kumar Shukla, learned Panel Lawyer for the respondents/State.

On perusal of the writ petition, it reveals that petitioner who claims himself to be a retired helper who was appointed under the Work Charge & Contingency Paid Establishment of the respondents and was given benefit of permanent classification

vide order dated 17/01/2001 passed by the Executive Engineer, Public Health Engineering Department, Maintenance & Service Division, Jabalpur.

Petitioner's contention is that the petitioner is entitled to benefit of time bound promotion/Kramonnati being a member of Work Charge & Contingency Paid Establishment.

Shri Vijay Kumar Shukla, learned counsel for the respondents/State submits that the State Government has issued a circular on 21/09/2016 extending benefit of Kramonnati/time scale of pay w.e.f. 01/01/2016, whereas petitioner stood superannuated prior to that date and, therefore, applying ratio of law laid down in the

case of Tejulal Yadav vs. State of M.P. & others, reported in ILR (2009) MP 1326, no relief can be granted to the petitioner.

Shri Ram Gopal Rai, learned counsel for the petitioner in his turn submits that under similar facts and circumstances, a co-ordinate Bench of this Court at Indore in W.P.No.16274/2018 (Jagdish Chandra vs. School Education Department) has held that executive instructions issued by the State Government cannot supersede the judgment delivered by this Court, which has attained finality and has directed the State to grant benefit of Kramonnati to the petitioner as per his entitlement along with monetary benefits and arrears for the said period.

Accordingly, this writ petition too is disposed of in terms of the law laid down in the case of Jagdish Chandra vs. School Education Department and it is directed that the instrumentality of the State shall decide the petitioner's claim for grant of Kramonnati and other consequential benefits in the light of the law laid down in case of Signature Not Verified SAN

Digitally signed by MANJU CHOUKSEY Date: 2021.12.03 11:42:41 IST 2 WP-3397-2018 Tejulal Yadav vs. State of M.P. & others and Jagdish Chandra vs. School Education Department within a period of three months from the date of receipt of certified copy of the order being passed today.

In above terms, the writ petition is disposed of.

(VIVEK AGARWAL) JUDGE

manju

Signature Not Verified SAN

Digitally signed by MANJU CHOUKSEY Date: 2021.12.03 11:42:41 IST