Smt. Divya Shrivastava vs The State Of Madhya Pradesh
2022 Latest Caselaw 7354 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE LOK ADALAT
                  HON'BLE SHRI JUSTICE ROHIT ARYA
                                    &
                  SHRI R. D. JAIN , SENIOR ADVOCATE
                        ON THE 14th OF MAY, 2022

                 WRIT PETITION No. 24714 of 2021

      Between:-
      SMT. DIVYA SHRIVASTAVA, AGED ABOUT 52
      Y E A R S , W/O SHRI  MUKESH    KUMAR
      SHRIVASTAVA, OCCUPATION: GOVERNMENT
      SERVANT (PRESENTLY WORKING AND POSTED
      AS UDT GOVERNMENT GIRLS M.L.B. HIGHER
      SECONDARY SCHOOL VIDISHA DISTRICT
      VIDISHA, SANKUL KENDRA GOVERNMENT
      GIRLS MLB HIGHER SECONDARY SCHOOL,
      VIDISHA DISTRICT VIDISHA (M.P.), R/O-
      JUNIOR H.I.G. B-27 DR. SHYAMA PRASAD
      MUKHERJI NAGAR, VIDISHA (M.P.)

                                                           .....PETITIONER
      (BY SHRI NEERAJ SHRIVASTAVA - ADVOCATE)

      AND

1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY, SCHOOL EDUCATION
      DEPARTMENT, GOVERNMENT OF MADHYA
      PRADESH, VALLABH BHAWAN, BHOPAL (M.P.)

2.    COMMISSIONER
      DIRECTORATE OF PUBLIC INSTRUCTIONS,
      GAUTAM NAGAR, BHOPAL (M.P.)

3.    DISTRICT EDUCATION OFFICER
      VIDISHA, DISTRICT VIDISHA (M.P.)

4.    DIVISIONAL JOINT DIRECTOR
      TREASURY-ACCOUNTS, BHOPAL             DIVISION,
      SATPURA BHAWAN, BHOPAL (M.P.)

                                                         .....RESPONDENTS
      (BY SHRI VIJAY SUNDARAM - PANEL LAWYER)

     This petition coming on for conciliation this day, the Bench passed the
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following:
                                    ORDER

The present petition under Article 226 of the Constitution of India has been preferred against the order dated 07.02.2020 passed by the respondents; whereby, Kramonnati and arrears are not being given to the petitioner.

Petitioner's contention is that petitioner is denied benefit of Kramonnati merely because she had refused to accept promotion. It is submitted that this issue is already dealt with, in the case of Smt. Priti Bhattacharya Vs. State of M.P and others (Writ Petition No. 12030/2016 decided on 19/12/2017) whereby it is held in the light of the law laid down in the case of State of M.P. and

another Vs.Trilok Chand Gupta (2010) 4 MPLJ 266 (M.P.) that refusal to join at transferred place on promotion could not have any adverse impact on the benefits of higher pay scale arising out of Kramonnati.

It is further submitted by learned counsel for the petitioner that in view of such facts, the petition was allowed and respondents were directed to extend all the benefits of Kramonnati to the petitioner within a period of 60 days from the date of production of copy of the order and the said order further directed that petitioner shall be entitled to interest on the delayed payment in consonance with t h e judgment of the Supreme Court in the case of Union of India Vs. S.S.Sandhawalia (1994) 2 SCC 240.

Accordingly, this petition is disposed of with a direction that let petitioner's claim for Kramonnati be decided on its own merits. In case, petitioner files a copy of this writ petition and a copy of the order being passed today along with the representation within thirty days from today before the respondents, then her representation be decided within a further period of 60 days from the date of receipt of such representation and arrears be paid within

the aforesaid time failing which arrears will be payable along with interest @ 9 %.

(ROHIT ARYA) (R. D. JAIN ) MEMBER MEMBER pd

PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

DHARK GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff56 61c113046ab7ebb8031c36dcac4472c040a, pseudonym=22FE9CB9F7CF0345E7FFAC90 31E38DF6A29B4C10,

AR serialNumber=C72B9531562BC6028F5D6E4 2E82477C85878470B30E4A7672CCA523E83 C0BCB9, cn=PAWAN DHARKAR Date: 2022.05.19 13:48:09 +05'30'