Bherulal Jadhav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8575 MP

                                                                            1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                           BEFORE
                                                          HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                     ON THE 28th OF JUNE, 2022

                                                              WRIT PETITION No. 10213 of 2022

                                                    Between:-
                                                    BHERULAL JADHAV S/O SHRI HUKKA JI , AGED
                                                    ABOUT 68 YEARS, OCCUPATION: TEACHER R/O
                                                    GRAM PALWA TEHSIL BADNAGAR, DISTRICT
                                                    UJJAIN (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                                    (BY SHRI RAKESH PAL-ADVOCATE)

                                                    AND

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

                                            2.      THE COMMISSIONER EDUCATION AND PUBLIC
                                                    IN STR UCTION S GOVT. OF M.P., GAUTAM
                                                    NAGAR, BHOPAL (MADHYA PRADESH)

                                            3.      THE DISTRICT EDUCATION OFFICER UJJAIN
                                                    (MADHYA PRADESH)

                                            4.      THE JOINT DIRECTOR KOSH LEKHA AVM
                                                    PENSION, DIVISION  UJJAIN  (MADHYA
                                                    PRADESH)

                                            5.      DIVISIONAL     PENSION  OFFICER PENSION
                                                    OFFICE UJJAIN (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                                    (MS. SOUMYA MARU-G.A. FOR STATE)

                                                  T h is petition coming on for orders this day, t h e cou rt passed the
                                            following:
Signature Not VerifiedDigitally signed by
  SAN                 MUKTA
                                                                             ORDER

CHANDRASHEKHA R KOUSHAL Date: 2022.06.29 10:35:33 IST

T h e petitioner before this Court has filed this present petition

claiming benefit of second Kramonnati by virtue of executive instructions issued by State Government dated 21.03.1983 and 19.04.1999.

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 Khoranne Vs. State of M.P. and others passed on 26.04.2007.

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 of with the following directions:-

(i) Clause-3 of policy dated 3.9.2005 fixing the cut of date1.8.2003

t o 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 21.3.83, 19.4.99 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 petitioners keeping in view executive instructions dated 21.03.83, 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.

With the aforesaid directions, the petition is disposed of.

Signature Not VerifiedDigitally signed by Certified copy as per rules.

  SAN                 MUKTA
                      CHANDRASHEKHA
                      R KOUSHAL
                      Date: 2022.06.29
                      10:35:33 IST

                                                      (VIJAY KUMAR SHUKLA)
                                                              JUDGE
                                             MK




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  MUKTA
                       CHANDRASHEKHA
                       R KOUSHAL
                       Date: 2022.06.29
                       10:35:33 IST