Jagdish Prasad Bhandari vs State Of M.P. Through School ...
2021 Latest Caselaw 2931 MP

-1-                                                   W.P No.7192/2020(s)

              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT INDORE
                  WRIT PETITION NO.7192/2020(s)
         Jagdish Prasad Bhandari s/o Chen Singh Bhandari
                                     vs.
                         State of M.P & others
02.07.2021: (INDORE):
      Shri K.L.Purohit, learned counsel for the petitioner.
      Shri Shashwat Seth, learned Panel Advocate for the State.
      Heard through video conferencing.
      The petitioner before this Court has filed this present petition
claiming benefit of second 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 his
case is squarely covered by 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 PL 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 second 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 3.9.2005 fixing the cut
          of date1.8.2003 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
 -2-                                                    W.P No.7192/2020(s)

            21.3.83, 19.4.99 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 petitioners keeping in view the executive instructions dated 21.03.83, 19.04.1999 and 02.11.2001 and settle his 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. Certified copy as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR hk/ Date: 2021.07.02 18:43:32 +05'30'