Madhya Pradesh High Court
Yogendra Jogelekar vs State Of M.P. Through School ... on 12 May, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 12th OF MAY, 2022
WRIT PETITION No. 15773 of 2020
Between:-
YOGENDRA JOGELEKAR S/O LATE
BASANTRAO, AGED ABOUT 59 YEARS,
OCCUPATION: SERVICE GOVT. GIRLS M.S
INDIRA NAGAR UJJAIN (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY JAMINDAR - ADVOCATE)
AND
1. STATE OF M.P. THROUGH SCHOOL EDUCATION
DEPARTMENT SECRETARY VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. DISTRICT EDUCATION OFFICER UJJAIN
(MADHYA PRADESH)
3. PRINCIPAL GOVT. GIRLS HIGHER SECONDARY
SCHOOL GOVT. GIRLS HIGHER SECONDARY
SCHOOL. INDIRA NAGAR. UJJAIN (MADHYA
PRADESH)
4. JOINT DIRECTOR DIRECTORATE OF
TREASURY AND ACCOUNT, PENSION UJJAIN
DIVISION. UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AKASH SHARMA - GOVT. ADVOCATE)
This petition coming on for admission this day, the court passed the
following:
ORDER
Counsel for the petitioner submits that the issue involved in the present
Signature Not VerifiedDigitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.05.13
10:56:27 IST case is covered by the order dated 19.12.2017 passed by coordinate bench in
WP No.12030/2016 (Smt. Priti Bhattacharya vs. State of MP & Ors.).
In the present petition filed under Article 226 of the Constitution of India,
the challenge has been made to the order dated 15.09.2020 whereby the
respondents have directed for withdrawal of the benefit of second time scale on
account of refusal of availing of the promotion and also directed for recovery
of Rs.5,67,643/-.
The facts of the case are that the petitioner was appointed on the post of
LDT by order dated 16.08.1985. On completion of 12 years of service, the
petitioner was granted senior scale of pay w.e.f. 24.08.1997. Thereafter, he was
promoted on the post of Head Master Middle School and Upper Division
Teacher on 18/08/2006 and 06/06/2009 respectively. The petitioner filed a
petition before this Court WP No.4910/2012(s) for grant of second kramonnati
on account of completion of 24 years of service. The said petition was allowed.
Thereafter, the petitioner was granted second kramonnati in the pay scale of
Rs.6500-10,500/- vide order dated 24.08.2009. The petitioner was promoted on
the post of UDT from the post of H.M. which was not availed by the petitioner
for some personal medical grounds, therefore, vide impugned order dated
15.09.2020, the benefit of 2nd kramonnati was withdrawn and recovery was
ordered to the tune of Rs.5,67,643/-.
Counsel for the State submits that the aforesaid impugned order have
been passed in reference to the order dated 23.09.2002 issued by the General
Administration Department. In pursuant to the said Circular, the respondents
have passed the order dated 01.06.2015 Annexure R/1.
The petitioner has relied on a judgment of this Court in (2010) 4 MPLJ
Signature Not VerifiedDigitally signed by
SAN SOUMYA RANJAN
266 (MP), State of M.P. & Anr. vs. Trilok Chand Gupta where it has been
DALAI
Date: 2022.05.13
10:56:27 IST
held that refusal to join at transferred place on promotion would not have any
adverse impact on the benefits of higher pay scale arising out of Kramonnati.
In the case of Smt. Preeti Bhattacharya vs. State of MP & Ors. (WP
No.12030/2016, a coordinate bench of this Court following the aforesaid
judgment has quashed the similar order and has directed for granting
karmonnati benefits to the petitioner. The coordinate bench has further referred
the judgment of the Supreme Court in the case of Union of India vs. S.S.
Sandhawalia (1994) 2 SCC 240 held that the petitioner shall also get interest
on the delayed payment.
Considering the aforesaid submissions and taking into consideration, the
judgment passed by this Court in the case of Trilok Chand Gupta (supra) and
Smt. Preeti Bhattacharya (supra), where it has been held that the petitioner
cannot be denied the grant of kramonnati on the ground of refusal to join at the
transferred place on promotion. Accordingly, the petition is allowed. the
impugned order dated 15.09.2020 (Annexure P/5) is quashed. It is directed that
the benefit shall be paid to the petitioner within 60 days from the date of
communication of the order. As directed in the case of Smt. Preeti
Bhattacharya by coordinate bench, it is also directed that the petitioner will get
12% interest on the said arrears of kramonnati from the due date till the date of
realization on the said amount.
Accordingly, the present petition is allowed.
No costs.
(VIJAY KUMAR SHUKLA)
Signature Not Verified
VerifiedDigitally
Digitally signed by
JUDGE
SAN SOUMYA RANJAN
DALAI soumya
Date: 2022.05.13
10:56:27 IST
