Sushree Godawari Motwani vs The State Of Madhya Pradesh
2022 Latest Caselaw 1422 MP

                                                                             1
                                                 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                           BEFORE
                                                          HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                  ON THE 1st OF FEBRUARY, 2022

                                                              WRIT PETITION No. 2525 of 2022

                                                    Between:-
                                                    SUSHREE GODAWARI MOTWANI D/O SHRI
                                                    TOPAN DAS , AGED ABOUT 66 YEARS,
                                                    OCCUPATION: RETD. ASST. TEACHER DM. 46
                                                    SUKHALIYA (MADHYA PRADESH)

                                                                                                         .....PETITIONER
                                                    (BY SHRI KISHORILAL PUROHIT, ADVOCATE)

                                                    AND

                                            1.      THE   STATE   OF  MADHYA    PRADESH
                                                    PRINCIPAL SECRETARY VALLABH BHAWAN
                                                    BHOPAL (MADHYA PRADESH)

                                            2.      DIVISIONAL PENSION    OFFICER INDORE
                                                    DIVISION,    SETTELITE      BHAWAN,
                                                    COLLECTORATE    COMPLEX     (MADHYA
                                                    PRADESH)

                                            3.      DISTRICT EDUCATION OFFICER SCHOOL
                                                    EDUCATION DEPARTMENT BADA GANPATI,
                                                    INDORE (MADHYA PRADESH)

                                            4.      PRINCIPAL AND SANKUL INCHARGE GOVT.
                                                    SCHOOL NAGDA NAGAR, INDORE (MADHYA
                                                    PRADESH)

                                                                                                       .....RESPONDENTS
                                                    (BY SHRI PRADYUMN KIBE, PANEL LAWYER)
                                                                (Heard through Video Conferencing)
                                                  This petition coming on for admission this day, the court passed the
                                            following:
                                                                              ORDER

Heard on the question of admission.

The petitioner before this Court has filed this petition claiming benefit of second Kramonnati on completion of 24 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's Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI case is squarely covered by the judgment delivered in W.P. No.6773 of 2006 Date: 2022.02.01 17:33:06 IST

(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, 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 off 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 21.3.1983, 19.4.1999 and 02.11.2001 in accordance with the terms and conditions as specified therein.

(iii) The respondents are directed to consider the case of the petitioner keeping in view executive instructions dated 21.03.1983, 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 off. Certified copy, as per rules.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.02.01 17:33:06 IST