Muhammad Khawaza Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7497 MP

                                                                            1                                      WP-25006-2021
                                             The High Court Of Madhya Pradesh
                                                      WP No. 25006 of 2021
                                      (MUHAMMAD KHAWAZA KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                     Jabalpur, Dated : 17-11-2021
                                           Shri Parag Tiwari, learned counsel for the petitioners.

                                           Ms. Aishwarya Singh, learned panel lawyer for the respondents/State.

The present petition has been filed seeking the following relief(s) :-

(i) To call for the entire material record pertaining to the instant controversy from the respondent for its kind consideration.

(ii) Direct the respondent to grant 2nd Kramonnati to petitioners w.e.f. 19.04.1999 as per Annexure-P/1 along with all consequential benefits.

(iii) Further be pleased to direct the respondent to fix the pay, pension and other allowances for demand of differential, arrears of salary and other retiral benefits with appropriate rate of interest.

(iv) Grant any other relief/reliefs that this Hon'ble Court deems fact and appropriate in the facts and circumstances of the case in favour of petitioners."

Learned counsel for the petitioners has submitted that the petitioners

were appointed as Assistant Teacher in the department of School Education. The petitioners are entitled for second kramonnati w.e.f. 19.04.1999. Departmental authority is not considering the case of the petitioners w.e.f. 19.04.1999 for granting second kramonnati pay scale 5500-175-9000. The petitioners were entitled for the sanction of second kramonnati having completed 24 years service in the cadre of Assistant Teacher. The petitioners were entitled for the second time bound promotion w.e.f. 19.04.1999 as per the circulars of respondent/State and Departmental authority dated 02.11.2001, 01.06.2002 and 11.10.2006. But the petitioners have not been granted the same benefit but similar persons have also been benefited the same relief from 19.04.1999. The respondents/State issued an order dated 03.09.2005 and the benefit of Second Kramonnati Yojna w.e.f. 19.04.1999 Signature Not Verified SAN

has been changed on 01.08.2003. The order dated 03.09.2005 (Annexure P/2) Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.18 19:06:03 IST 2 WP-25006-2021

was quashed by the Hon'ble Court in the case of Smt. Prerna Koranne w/o Shri Pramod Koranne v. State of M.P. and others , in W.P. No.6773/2006, decided on 26.04.07 by the Hon'ble High Court and Departmental authority also issued the circular order for grant of above benefit. The petitioners requested and submitted claim for granting above

benefit/claim before the departmental authority. Duty performance of petitioners was satisfactory to all concerned especially immediate superior authorities and at no point of time the petitioners were communicated with any adverse remark. The service record of the petitioners is crystal clear. It is further submitted that the case of the petitioners is squarely covered by the judgment of Smt. Prerna Koranne (supra). Thereafter, so many orders have been passed by the Hon'ble Court in the light of judgment of Smt. Prerna Koranne (supra). Thus, a direction may be given to the respondents to grant the second time bound promotion to the petitioners for which they were entitled on 19.04.1999 for the post of Assistant Teacher cadre and for payment of difference of pay scale and allowances and revise the other benefits consequence to the second time bound promotion. Being aggrieved with action/inaction on the part of the respondents, the petitioners have no option except to file the present petition under Article 226 of the Constitution of India, hence, the present petition is being filed.

Per contra, learned Panel Lawyer for the State has submitted that if fresh representation is submitted by the petitioners to the concerning authorities, they will consider the grievances of the petitioners and settle the dispute.

Considering the facts and circumstances of the case, this Court deems it appropriate to dispose of the writ petition with a direction to the petitioners to file fresh representation alongwith the judgment of Prerna Koranne (supra) to the concerning authorities within a period of seven working days and in turn if such a representation is filed, the concerning authorities are Signature Not Verified SAN directed to consider and decide the representation within a period of three Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.18 19:06:03 IST 3 WP-25006-2021 months from the date of receipt of the certified copy of this order therefrom in accordance with rules by taking into account the judgment in Prerna Koranne's case and examine whether the petitioners are similarly situated or not. If the said authorities come to the conclusion that the petitioners are similarly situated, the same benefit be extended in favour of the present petitioners also within the same time.

Accordingly, the petition is disposed of.

Needless to say that this Court has not commented upon the merits of the case.

E-copy of this order be provided to the petitioner and it is made clear that E-copy of this order shall be treated as certified copy for practical

purposes in respect of this order.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.18 19:06:03 IST