Shri Jagdish Chandra Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 6317 MP

1                                       W.P. No.20168-2021

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                          W.P. No. 20168-2021

     (Jagdishchandra Yadav vs. State of Madhya Pradesh & others)
Indore, Dated: 01/10/2021
      Shri Abhishek Tugnawat, learned counsel for the petitioner.

      Shri , learned Panel Lawyer for the respondent/State.

Heard on the question of admission and grant of interim relief.
                          ORDER

The petitioners before this Court have 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 petitioners is that his

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 government 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.

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 respondent is directed to consider the case of the

petitioners keeping in view executive instructions dated 21.03.1983,

19.04.1999 and 02.11.2001 and settle their 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.

(SUBODH ABHYANKAR ) JUDGE

moni

Digitally signed by MONI RAJU Date: 2021.10.01 17:34:13 +05'30'