Amrit Lal Chandravanshi vs School Education Department
2021 Latest Caselaw 8643 MP

                                                                               1                              WP-5540-2021
                                                    The High Court Of Madhya Pradesh
                                                              National Lok Adalat
                                                              WP No. 5540 of 2021
                                                  (AMRIT LAL CHANDRAVANSHI Vs SCHOOL EDUCATION DEPARTMENT AND OTHERS)


                                            Indore, Dated : 11-12-2021
                                                  Shri K.L.Purohit, learned counsel for the petitioner.
                                                  Shri Sameer Verma, learned Panel Lawyer for the respondents/State on

advance copy.

Heard through Video Conferencing.

The petitioner before this Court, retired Government servant, has filed

this present petition claiming benefit of IInd Kramonnati by virtue of executive instructions issued by the 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 the judgment delivered in W.P. No.6773 of 2006 (s) in the case of Smt. Prerna Khoranne Vs. State of M.P. and others passed on 26.04.2007.

Learned Panel Lawyer has fairly stated before this Court that the matter is squarely covered by the judgment delivered in the case of Smt. Prerna

Khoranne (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.

Resultantly, keeping in view the judgment delivered in the case of Smt. Prerna Khoranne (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

Signature Not VerifiedDigitally signed by are held entitled to get the benefit of Kramonnati under the policy dated SAN SUMATHI JAGADEESAN Date: 2021.12.13 17:32:34 IST 2 WP-5540-2021 21.03.83, 19.04.99 and 02.11.2001 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 21.03.83, 19.04.1999 and 02.11.2001 and settle his claim including post retiral and pensionary benefits as expeditiously as possible and the arrears thereof be also released at the

earliest.

With the aforesaid directions, the petition is disposed of.

                                                (SUBODH ABHYANKAR)                                   (SAMEER ATHAWALE )
                                                      MEMBER                                             MEMBER



                                             sumathi




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SUMATHI
                       JAGADEESAN
                       Date: 2021.12.13
                       17:32:34 IST