Om Prakash Vyas vs The State Of Madhya Pradesh
2021 Latest Caselaw 8239 MP

Citation : 2021 Latest Caselaw 8239 MP
Judgement Date : 4 December, 2021

Madhya Pradesh High Court

Om Prakash Vyas vs The State Of Madhya Pradesh on 4 December, 2021

Author: Vivek Rusia

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                                                          W.P. No. 26706/2021



HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
    (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                        W.P. No. 26706 of 2021
1. Om Prakash Vyas S/o. Onkarlal Vyas, Aged 61 years, Occ. Service,
Address - Govt. Higher Secondary School Billantri, District Mandsaur.
2. Gheesala Mungad S/o. Daulat Ram Mungad, Aged 61 years, Occ.
Service, Address - Govt. M.S. Piliya Bisinya Narayangarh, District
Mandsaur.
3. Banshilal Mavlya S/o. Mangilal Mavliya, Aged 68 years, Occ. Retired,
Address - Ret. Govt. M.S. Balagoda, District Mandsaur.
                                                            ---Petitioners.
                                 Versus

1. State of M.P. through Principal Secretary, School Education Department,
Vallabh Bhawan, Bhopal.
2. District Education Officer, District Mandsaur.
3. District Treasury Officer, District Mandsaur.
4. Joint Director, Treasury Accounts and Pension, Ujjain Division.
                                                            ---Respondents.
Date: 4.12.2021 :
      Shri Arvind Sharma, learned counsel for the petitioners..
      Shri Chetan Jain, learned Panel Advocate for respondent/State
on advance copy.
      Heard on the question of admission.
                               ORDER

The petitioner before this Court has filed this present petition claiming benefit of IInd Kramonnati by virtue of executive instructions issued by State Government dated 21.03.1983 and 19.04.1999.

The contention of learned counsel for the petitioner is that petitioner's case is squarely covered by judgment delivered in W.P. No. 6773 of 2006(S) in the case of Smt.Prerna Koranne Vs. State of M.P. and others passed on 26.04.2007.

Learned Govt. Advocate has fairly stated before this Court that the matter is squarely covered by the judgment delivered in the case of Smt Prerna Koranne (supra), wherein in identical circumstances the teachers of Education Department or Tribal Welfare Department were held entitled to receive the benefits of IInd Kramonnati under the policy dated 21.03.1983 and 19.04.1999 and 02.11.2001.

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W.P. No. 26706/2021

Resultantly, keeping in view the judgment delivered in the case of Smt. Prerna Koranne (supra) with the consent of the parties the present writ petition is 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 2.11.2001 in accordance with the terms and conditions as specified therein.

(iii) The respondents are directed to consider the case of the petitioner keeping in view executive instructions dated 21.03.1983, 19.04.1999 and 02.11.2001 and settle petitioner's claim within the period of six months from today and the arrears thereof be also released within the aforesaid period. With the aforesaid directions, the petition is disposed of.

( VIVEK RUSIA ) JUDGE Alok/-