Sudheer Kumar Shrivastava vs The State Of Madhya Pradesh
2022 Latest Caselaw 7357 MP

                             1
        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. 22052 of 2019

     Between:-
     SUDHEER KUMAR SHRIVASTAVA, AGE-ABOUT
     62 YEARS S/O SHRI KOMAR PRASAD,
     OCCUPATION-PENSIONER            (RETIRED
     ACCOUNTANT      GOVERNMENT        HIGHER
     SECONDARY SCHOOL NATERAN DISTRICT
     VIDISHA, SANKUL KENDRA GOVERNMENT
     HIGHER SECONDARY SCHOOL NATERAN,
     DISTRICT VIDISHA D.D.O. BLOCK EDUCATION
     OFFICER, NATERAN, DISTRICT VIDISHA (M.P.),
     R/O 24- GYANDEEP BHAWAN, SAKET NAGAR,
     NEAR JAIN COLLEGE, HARIPURA, VIDISHA,
     DISTRICT 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.   DIVISIONAL    JOINT DIRECTOR,    PUBLIC
     INSTRUCTIONS (SCHOOL EDUCATION) BHOPAL
     DIVISION, GOVERNMENT SAMRAT ASHOK
     MIDDLE SCHOOL CAMPUS, T.T. 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.)

5.   DISTRICT    TREASURY        OFFICER DISTRICT
     VIDISHA (M.P.)
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6.      DISTRICT    PENSION          OFFICER,     DISTRICT
        VIDISHA (M.P.)

                                                              .....RESPONDENTS
        (BY SHRI RAJEEV UPADHYAYA -GOVERNMENT ADVOCATE)

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

The present petition under Article 226 of the Constitution of India has been preferred against the inaction on the part of the respondents; whereby, Kramonnati/Samaymaan and arrears are not being given to the petitioner.

Petitioner's contention is that petitioner is denied benefit of

Kramonnati/samaymaan merely because he 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/samaymaan.

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/Samaymaan 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 the 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/Samaymaan 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 his 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 GWALIOR,



DHARKA
         postalCode=474001, st=Madhya Pradesh,

2.5.4.20=5da1b3ce5c6aee672b1f51a5cff5661c 113046ab7ebb8031c36dcac4472c040a, pseudonym=22FE9CB9F7CF0345E7FFAC9031E 38DF6A29B4C10,

R serialNumber=C72B9531562BC6028F5D6E42E 82477C85878470B30E4A7672CCA523E83C0BC B9, cn=PAWAN DHARKAR Date: 2022.05.19 13:42:26 +05'30'