Sakharam vs The State Of Madhya Pradesh
2022 Latest Caselaw 15219 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                    ON THE 18th OF NOVEMBER, 2022

                                                WRIT PETITION No. 26471 of 2022

                                    BETWEEN:-
                                    SAKHARAM S/O SHRI MADIYA VERMA, AGED
                                    ABOUT 81 YEARS, OCCUPATION: RETIRED
                                    GOVT. SERVANT GOVT. PRIMARY SCHOOL,
                                    BHAGADI, TEH. THIKRI DISTT. BARWANI
                                    (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                    (BY MS. ARCHANA UPADHAYA, ADVOCATE )

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

                           2.       ASSISTANT    COMMISSIONER     TRIBAL
                                    DEVELOPMENT         DEPARTMENT DISTT.
                                    BARWANI (MADHYA PRADESH)

                           3.       JOINT DIRECTOR TREASURY ACCOUNTS AND
                                    PENSION INDORE DIVISION INDORE (MADHYA
                                    PRADESH)

                           4.       DISTRICT   TREASURY      OFFICER DISTT.
                                    BARWANI (MADHYA PRADESH)

                                                                                              .....RESPONDENTS
                                    (BY SHRI BHUWAN DESHMUKH, G.A.)

                                  T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                  ORDER

The petitioner before this Court, retired Assistant Teacher has filed this present petition claiming benefit of IInd Kramonnati 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 petitioner is that petitioner's case is Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 18-11-2022 19:12:46

squarely covered by the 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 and upheld by Division Bench in W.A. No.658/2007 vide order dated 18.12.2008 (State of M.P. Vs. Smt. Prerna Khoranne).

Learned Government Advocate 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 IInd Kramonnati under the policy dated 21.03.1983 and 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 of with the following directions:-

( i ) Clause-3 of policy dated 03.09.2005 fixing the cut of date 01.08.2003 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 2.11.2001 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 21.03.83, 19.04.1999 and 02.11.2001 and settle his/her claim including post retiral and pensionary benefits within a 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.

(SUBODH ABHYANKAR) JUDGE Pankaj

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 18-11-2022 19:12:46