Madhya Pradesh High Court
Smt. Abha Jain vs The State Of Madhya Pradesh on 1 August, 2023
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 1 st OF AUGUST, 2023
WRIT PETITION No. 18582 of 2023
BETWEEN:-
SMT. ABHA JAIN W/O SHRI PRITAM JAIN, AGED ABOUT
62 YEARS, OCCUPATION: RTD. TEACHER 117,
MAHAVEER KRIPA AVENUE, AIRPORT ROAD INDORE
DIST. INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KISHORI LAL PUROHIT - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY SCHOOL EDUCATION DEPARTMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. COM M ISSION ER PUBLIC INSTRUCTION M.P.
GOUTAM NAGAR BHOPAL (MADHYA PRADESH)
3. DISTRICT EDUCATION OFFICER SCHOOL
EDUCATION DEPARTMENT NEAR BADA
GANPATI, INDORE (MADHYA PRADESH)
4. DIVISIONAL PENSION OFFICER SETTELITE
BHAWAN, COLLECTORATE, INDORE (MADHYA
PRADESH)
5. PRINCIPAL GOVT. SHARDA GIRLS H.S. SCHOOL
BADA GANPATI, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. PRANJALI YAJURVEDI - PL)
This petition coming on for admission this day, the court passed the
following:
ORDER
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 01-08-2023
18:02:09
With the consent of the parties, the matter is heard finally.
2. In the instant petition, a challenge has been made to the order dated
9.1.2023 Annexure P/1 by which the benefit of second and third kramonnati has
been withdrawn and recovery of Rs.4,90,920/- (principal amount Rs.3,85,935/-
and interest Rs.1,04,985/- has been imposed after the retirement of the petitioner
as the petitioner had foregone the promotion.
3. The petitioner retired from government services on 31.10.2022 and the
impugned order has been passed on 9.1.2023.
4. Counsel for petitioner submits that the aforesaid orders are contrary
to the judgment passed by this Court in number of cases. He has placed
reliance on the judgment passed by the division bench in the case of State of
MP & Ors. Vs. Trilok Chand Gupta 2010(4) MPLJ 266 wherein it has been
held that refusal to join at transferred place on promotion would not have any
adverse impact on the benefit of higher pay scale arising out of kramonnati. In
the case of Smt. Priti Bhattacharya Vs. State of MP & Ors. WP
No.12030/2016 a co-ordinate bench of this court following the aforesaid
judgment has passed the similar order and directed for granting kramonnati
benefit to the petitioner. The co-ordinate bench has further referred the
judgment passed by the Supreme Court in the case of Union of India Vs.
S.S.Sandhawalia (1994) 2 SCC 240 has held that petitioner was also entitled
for interest.
5. Upon perusal of the impugned order, it is evident that the second and
third kramonnati granted to the petitioner has been withdrawn on the ground
that he had foregone the promotion. As per the judgment passed by division
bench in the case of Trilok Chand Gupta (supra) the refusal to join at
Signature Not Verified
transferred place on promotion cannot be a ground for the refusal of benefit of
Signed by: VARGHESE
MATHEW
Signing time: 01-08-2023
18:02:09
higher pay scale. Thus, the withdrawal of the second and third kramonnati on
the said ground is contrary to the judgment passed in the case of Trilok Chand
Gupta (supra) and in view of the aforesaid the order of recovery on the said
ground after the retirement of the petitioner dated 9.1.2023 is allowed. The
order impugned is quashed. The amount if recovered in pursuant to the said
order shall be returned to the petitioner with interest @ 6% within a period of
one month from the date of communication of the order.
6. With the aforesaid, the writ petition is allowed and disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
VM
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 01-08-2023
18:02:09
