Dashrath Singh Kaurav vs The State Of Madhya Pradesh
2021 Latest Caselaw 5257 MP

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               HIGH COURT OF MADHYA PRADESH
                          W.P.No.17709/2021
     (Dashrath Singh Kaurav Vs. The State of M.P. & Others)

Gwalior Bench Dated; 09.09.2021

      Shri Romesh Pratap Singh, learned counsel for the petitioner.

      Shri Neelesh Tomar, learned Government Advocate for the

respondents/State.

Heard.

The instant petition is preferred by the petitioner under Article

226 of the Constitution of India seeking following relief:-

"7.1. That, the respondents may kindly be directed to revise second time bound up gradation pay scale/kramonnati from the due date i.e. 19.04.1999, within a stipulated period of one month with all consequential benefits. 7.2. That, the respondent may kindly be directed to provide all consequential benefits which is flouted away by not granting the second time bound up gradation/kramonnati in time including pay faixation, arrears, post retiral and pensionary benefits etc, within a stipulated period of one month.

7.3. That, any other relief doing justice into the matter including cost of petition, advocate fee etc. may also kindly be awarded to the petition."

It is the submission of learned counsel for the petitioner that the

petitioner entered into the service of respondent's department on the

post of Assistant Teacher/Teacher and joined as per respective order.

HIGH COURT OF MADHYA PRADESH W.P.No.17709/2021 (Dashrath Singh Kaurav Vs. The State of M.P. & Others)

First kramonnati was granted on time and second kramonnati was

granted which is delayed by more than 2 years in view of the various

judgment and circulars. The petitioner was entitle for sanction of

second kramonnati having completed 24 years service in the cadre of

Assistant Teacher/Teacher. The petitioner was entitle for the second

time bound promotion with effect 19.04.1999 as per the circular of

respondent as evident from Annexure P-1 and the petitioner is entitle

from 11.07.2000 which was not granted to the petitioner while similar

person also have been benefited from 19.04.1999. The respondent

issued a circular/order dated 03.09.2005. The benefit of II Kramonnati

Yojna w.e.f. 19.04.1999 has been changed to 01.08.2003 as evident

from Annexure P/2 was quashed by the Hon'ble High Court in many

case. The petitioner requested and submitted claim for granting above

benefit before departmental authority. Recently, department of Finance

M.P. Govt. also issued the order dated 12.02.2014 for granting second

kramonnati after completed 24 years of service as evident from

Annexure P-4. Second Kramonnati is necessary and inevitable to be

provided as per norms, various circulars and in view of the law laid

down in the case of Smt. Prerna W/o. Shri Promod Koranne Vs.

State of M.P. and Others, reported in W.P.No.6773/2006 (S).

Learned counsel for the respondent/State has no objection to the

innocuous prayer made by the counsel for the petitioner. If

HIGH COURT OF MADHYA PRADESH W.P.No.17709/2021 (Dashrath Singh Kaurav Vs. The State of M.P. & Others)

representation is filed by the petitioner, the same shall be decided as

early as possible.

Considering the overall facts and circumstances of the case, this

Court deems it appropriate to dispose of the writ petition with a

direction to the petitioner to submit a representation alongwith all the

relevant documents before the competent authorities/respondents

within a period of 15 days and in turn the competent authorities/

respondents are directed to dwell upon the representation submitted by

the petitioner and decide the same within a period of two month from

the date of certified copy of this order and communicate the outcome to

the petitioner within the same period

With the aforesaid, the petition is disposed of.

It is made clear that this Court has not expressed his opinion on

the merits of the case.

Certified copy as per rules.

(Anand Pathak) Judge AK/-

ANAND KUMAR 2021.09.11 18:49:03 +05'30'