Deependra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6666 MP

1                                       W.P. No. 22001-2021

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                           W.P. No. 22001-2021
              (Deependra vs. State of Madhya Pradesh & others)

Indore, Dated: 22/10/2021
      Shri Abhishek Tugnawat, learned counsel for the petitioner.

      Shri     Dinesh    Singh,    learned   Panel    Lawyer     for   the

respondent/State on advance notice.

Heard on the question of admission.

The petitioner before this Court has filed this petition claiming

benefit of first Kramonnati on completion of 12 years of service 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' 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 counsel for the respondent/State 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 03.09.2005 fixing the cut of date 1.8.2003 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 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 executive instructions dated 21.03.83, 19.04.1999 and 02.11.2001 and settle their 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.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE

moni Digitally signed by MONI RAJU Date: 2021.10.22 16:25:57 +05'30'