Prakash Chandra Nigam vs The State Of Madhya Pradesh
2022 Latest Caselaw 1547 MP

Citation : 2022 Latest Caselaw 1547 MP
Judgement Date : 3 February, 2022

Madhya Pradesh High Court

Prakash Chandra Nigam vs The State Of Madhya Pradesh on 3 February, 2022

Author: Pranay Verma

                                                                1
                                     IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                              BEFORE
                                                HON'BLE SHRI JUSTICE PRANAY VERMA
                                                      ON THE 3rd OF FEBRUARY, 2022

                                                 WRIT PETITION No. 12007 of 2021

                                        Between:-
                                        PRAKASH CHANDRA NIGAM S/O LATE SHRI
                                        AYODHYA PRASAD NIGAM,
                                        AGED ABOUT 80 YEARS,
                                        OCCUPATION: RETD. HEAD MASTER 2-B,
                                        ANNAPURNA NAGAR ANNAPURNA ROAD
                                        (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                        (BY SHRI U. S. VERMA, ADVOCATE )

                                        AND

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

                                2.      THE COMMISSIONER,
                                        DIRECTORATE PUBLIC INSTRUCTIONS OF
                                        M . P . GAUTAM NAGAR, CHETAK BRIDGE,
                                        BHOPAL (MADHYA PRADESH)

                                3.      THE DIST. EDUCATION OFFICER OFFICE AT
                                        SUBHASH HIGHER SECONDARY SCHOOL
                                        CAMPUS, INDORE (MADHYA PRADESH)

                                4.      THE SANKUL INCHARGE AND PRINCIPAL
                                        GOVT. URDU GIRLS HIGHER SECONDARY
                                        SCHOL BAXI, BAUG, INDORE (MADHYA
                                        PRADESH)

                                5.      THE JOINT DIRECTOR
                                        DIVISION, INDORE, PENSION, ACCOUNTS
                                        AND     TREASURY, MAHARAJA COMPLEX.
                                        KOTHARI, MARKET. INDORE (MADHYA
                                        PRADESH)

                                6.      THE DISTRICT TREASURY OFFICER OFFICE
                                        AT     MOTITABELA,    COLLECTORATE
                                        COMPLEX. INDORE (MADHYA PRADESH)

                                7.      THE CITY TREASURY OFFICER AGRASEN
                                        SQUARE, NAVLAKHA COMPLEX. INDORE
                                        (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                                        (BY SHRI CHETEN JAIN, PANEL LAWYER)
                                                    (Heard through Video Conferencing)
Signature Not Verified
 SAN                                  This petition coming on for admission this day, the Court passed the
Digitally signed by JYOTI
CHOURASIA
Date: 2022.02.07 17:57:42 IST
                                                                     2
                                following:
                                                                     ORDER

The petitioner before this Court has 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.

02. The contention of learned counsel for the petitioner 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.

03. Learned Panel Lawyer 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.

04. 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 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 his claim within the period of six months from today and the arrears thereof be also released within the aforesaid period.