Chhitar Singh Malviya vs School Education Department
2022 Latest Caselaw 6905 MP

                                                                        1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT INDORE
                                                                        BEFORE
                                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                                 ON THE 7th OF MAY, 2022

                                                            WRIT PETITION No. 10729 of 2022

                                             Between:-
                                    1.       CHHITAR SINGH MALVIYA S/O SHRI BAVAL
                                             SINGH MALVIYA , AGED ABOUT 63 YEARS,
                                             OCCUPATION: RTD. ASST. TEACHER. GOVT.
                                             PRIMARY SCHOOL, SALIYA DISTRICT SHAJAPUR
                                             VILLAGE   AVANTIPURA   POST   AVANTIPUR
                                             BADODIYA (MADHYA PRADESH)

                                    2.       KARAN SINGH PARMAR S/O SHRI CHHATAR
                                             SINGH PARMAR , AGED ABOUT 74 YEARS,
                                             OCCUPATION: RETD. ASST. TEACHER R/O
                                             VILLAGE POST KEVDAKHEDI TEHL GULANA
                                             (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                             (BY SHRI K.L. PUROHIT)

                                             AND

                                    1.       SCHOOL EDUCATION DEPARTMENT THROUGH
                                             PRINCIPAL SECRETARY VALLABH BHAWAN
                                             BHOPAL (MADHYA PRADESH)

                                    2.       DIVISIONAL PENSION OFFICER UJJAIN DIVISION
                                             BHARATPURI UJJAIN (MADHYA PRADESH)

                                    3.       DISTRICT   EDUCATION     OFFICER SCHOOL
                                             EDUCATION DEPARTMENT DIST. SHAJAPUR A.B.
                                             ROAD (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                             (BY MS. SAUMYA MARU )

                                          Th is petition is coming on for admission this day, JUSTICE VIVEK RUSIA
                                    passed the following:
                                                                         ORDER

Heard on the question of admission.

The petitioners before this Court have 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 petitioners is that petitioner's case Signature Not Verified SAN is squarely covered by the judgment delivered in W.P. No.6773 of 2006 (s) in the Digitally signed by VIBHA PACHORI Date: 2022.05.07 17:58:15 IST 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.

(VIVEK RUSIA) JUDGE Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2022.05.07 17:58:15 IST