Surya Prakash vs The State Of Madhya Pradesh
2022 Latest Caselaw 1643 MP

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                                                     The High Court Of Madhya Pradesh
                                                               WP No. 2180 of 2022
                                                           (SURYA PRAKASH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                            Indore, Dated : 04-02-2022
                                                   Heard through Video Conferencing.

                                                   Shri Shobhag Mal Porwal, learned counsel for the Petitioner .
                                                   Shri Pradyumna Kibe, learned counsel appearing on behalf of
                                            Advocate General.
                                                   The petitioner before this Court has filed this present petition claiming
                                            benefit of IInd Kramonati by virtue of executive instructions issued by the

                                            Government dated 21.3.1983 and 19.4.1999.
                                                   T h e contention of the learned counsel for the petitioner is that
                                            petitioner's    case    is   squarely       covered   by   judgment   delivered   in
                                            W.P.No.6773/2006(S) in the case of Smt. Prerna Koranne vs. State of
                                            M.P. & Others passed on 26.4.2007.
                                                   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
                                            Khoranne (supra), wherein in the identical circumstances the Teachers of
                                            Education Department or Tribal Welfare Department were held entitled to

                                            receive the benefits of second Kramonnati under the police 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 off 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 or Kramonnati under the policy dated
                                            21.03.1983, 19.04.1999 and 02.11.2001 in accordance with the terms and
Signature Not VerifiedDigitally signed by
  SAN                 SOURABH YADAV
                                            conditions as specified therein.
                      Date: 2022.02.04
                      17:12:59 IST
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                                                       (iii)     The respondents are directed to consider the case of the

petitioner keeping in view the execution instructions dated 21.03.1983, 19.04.1999 and 02.11.2001 and settle his/her claim within the period of six months from today and the arrears thereof be also released within the aforesaid period.

With the aforesaid direction, the petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOURABH YADAV Date: 2022.02.04 17:12:59 IST