Prahalad Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1818 MP

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 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
               WRIT PETITION NO.3367 OF 2022
             (Prahalad Singh Vs State of Madhya Pradesh)


Indore, Dated 09.02.2022
      Heard through Video Conferencing.
      Mr. S.R. Porwal, learned counsel for the petitioner.
      Mr. Sanjay Karanjawala, learned counsel for the
respondents/State.

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.

The contention of 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 counsel for respondents/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 the 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 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.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE WRIT PETITION NO.3367 OF 2022 (Prahalad Singh Vs State of Madhya Pradesh)

(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 conditions as specified therein.

(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.

                                                         (PRANAY VERMA)
   Arun/-                                                   JUDGE

ARUN NAIR
2022.02.10 10:22:46
+05'30'