Padam Singh Baghel (P.S.Baghel) vs The State Of Madhya Pradesh
2022 Latest Caselaw 5867 MP

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           HIGH COURT OF MADHYA PRADESH
                 Writ Petition No.2564/2019
 (Padam Singh Baghel (P.S. Baghel) Vs. State of M.P. and others)

Gwalior Bench: Dated 21.04.2022
      Shri Neeraj Shrivastava, learned counsel for the petitioner.
      Shri Sanjay Kumar Sharma, learned Government Advocate for
the respondent/State.

Heard on admission.

The present petition under Article 226 of the Constitution of

India has been preferred against the order dated 26.12.2015 passed by

the respondents whereby Kramonnati and arrears are not being given

to the petitioner.

Petitioner's contention is that petitioner is denied benefit of

Kramonnati merely because he had refused to accept promotion. It is

submitted that this issue is already dealt by a coordinate Bench in the

case of Smt. Priti Bhattacharya Vs. State of M.P and others (W.P.

No. 12030/2016 decided on 19/12/2017) whereby Hon'ble coordinate

Bench has held in the light of the law laid down by this High Court in

the case of State of M.P. and another Vs.Trilok Chand Gupta

(2010) 4 MPLJ 266 (M.P.) that refusal to join at transferred place on

promotion could not have any adverse impact on the benefits of higher

pay scale arising out of Kramonnati.

It is further submitted by learned counsel for the petitioner that

in view of such facts, the petition was allowed and respondents were

HIGH COURT OF MADHYA PRADESH Writ Petition No.2564/2019 (Padam Singh Baghel (P.S. Baghel) Vs. State of M.P. and others)

directed to extend all the benefits of Kramonnati to the petitioner

within a period of 60 days from the date of production of copy of the

order and the said order further directed that petitioner shall be entitled

to interest on the delayed payment in consonance with the judgment of

the Supreme Court in the case of Union of India Vs. S.S.

Sandhawalia (1994) 2 SCC 240.

Accordingly, this petition is disposed of with a direction that let

petitioner's claim for Kramonnati be decided on its own merits. In

case, petitioner files a copy of this writ petition and a copy of the order

being passed today along with the representation within thirty days

from today before the respondents, then his representation be decided

within a further period of 60 days from the date of receipt of such

representation and arrears be paid within the aforesaid time failing

which arrears will be payable along with interest @ 9 %.

In above terms, the petition is disposed of.

(Anand Pathak) Judge Rashid

RASHID KHAN 2022.04.22 10:13:34 +05'30' 11.0.8