Smt. Yamuna Chourasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13451 MP

                                                                1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SMT. JUSTICE NANDITA DUBEY
                                              ON THE 18 th OF AUGUST, 2023
                                            WRIT PETITION No. 17020 of 2023

                    BETWEEN:-
                    SMT. YAMUNA CHOURASIYA W/O SHRI PURUSHOTTAM PRASAD
                    CHOURASIYA, AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                    UPPER TEACHER, R/O MAIN ROAD LODHI WARD, CHHAPARA,
                    TAHSIL CHHAPARA, DISTRICT SEONI (MADHYA PRADESH)

                                                                                            .....PETITIONER
                    (BY SHRI PRAVEEN CHOURASIYA - ADVOCATE )

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

                    2.     COMMISSIONER, TRIBAL WORK DEPARTMENT, BHOPAL
                           (MADHYA PRADESH)

                    3.     COLLECTOR (TRIBAL WORK), SEONI, DISTRICT SEONI
                           (MADHYA PRADESH)

                    4.     ASSISTANT COMMISSIONER, TRIBAL WORK                 SEONI,
                           DISTRICT SEONI (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                    (BY MS. PRIYANKA MISHRA - GOVERNMENT ADVOCATE )

                           This petition coming on for admission this day, the court passed the following:
                                                            ORDER

This petition takes exception to the order dated 05.07.2023 (Annexure P/6), whereby the claim of the petitioner for grant of benefit of Second and Third Kramonnati after completion of 24 and 30 years of service in pursuant to the Circular dated 19.04.1999 and 25.10.2017 has been refused by respondent No.1 on the ground that Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 8/21/2023 4:49:34 PM

earlier the petitioner has foregone promotion on the post of Pradhan Pathak and therefore, as per order dated 05.07.2002/23.09.2002 issued by the General Administration Department, the petitioner is not entitled for the benefit of Second and Third Kramonnati.

This issue has already been settled in the case of Smt. Priti Bhattacharya vs. State of Madhya Pradesh & others, W.P. No.12030/2016 , wherein the Coordinate Bench has held:

"6. In the opinion of this Court, the benefit of Kramonnati is being granted to the employees because within stipulated time (12 and 24 years of service) no promotional benefits could be provided to them. In order to provide enthusiasm financial upgradation is being given to such stagnating

employees. In the case of present petitioner, the said benefit was extended w.e.f. 26-11-2003 by issuing the order on 13-01-2012. This shows that the petitioner became entitled to get the benefit of Kramonnati in November 2003 whereas she was declared fit for promotion in January, 2012. During the period of 12 and 24 years, the petitioner was not given any promotion and, therefore, there was no occasion for the petitioner to forego such promotion during these 12/24 years. The petitioner's right to get Kramonnati accrued on completion of 24 years of service and said benefit and right cannot be taken away on the basis of foregoing a subsequent promotion. The same principle is laid down in Trilok Chand Gupta (supra).

7. Considering the aforesaid, impugned order dated 02-12-2013 (Annexure P/1) cannot be countenanced. Accordingly, the same is set aside.

The respondents shall provide all Kromonnati benefits to the petitioner flowing from Kramonnati order dated 13-01-2012. The benefits shall be paid to the petitioner within 60 days from the date of production of copy of this order. Since the respondents have illegally withheld arrears of Kramonnati to the petitioner, she shall get interest on delayed payment in consonance with the judgment of Supreme Court reported in (1994) 2 SCC 240 (Union of Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 8/21/2023 4:49:34 PM

India vs. S.S. Sandhawalia). In the present case, the petitioner was found entitled for grant of Kramonnati and said benefit was illegally withheld by the respondents for the reasons solely attributable to them. Thus, the petitioner will get 12% interest on the said arrears of Kramonnati from due date till the date of realization on the said amount.

8. The petition is allowed. No cost."

In the instant case, the petitioner was appointed on 04.08.1979. She became entitled to get the benefit of second kramonnati on 04.08.2003 and third kramonnati on 04.08.2009 on completion of 24 and 30 years of service respectively. She was declared fit for promotion vide order dated 23.08.2009. During this period of 24 and 30 years of service, the petitioner was not given any benefit; therefore, there was no occasion for the petitioner to forego such promotion during 24 and 30 years. The right and benefit of the petitioner to get kramonnati accrued on completion of 24 and 30 years of service cannot be taken away on the basis of foregoing the subsequent promotion.

The ratio of the aforesaid case is squarely applicable to the facts of present case. This fact is not disputed by the Government Advocate for the respondent/State.

In view of the facts and the law laid down in the case of Smt. Priti Bhattacharya (supra), this petition is allowed. The respondents are directed to grant the Kramonnati and the benefits which are illegally withheld by them, within a period of 60 days from the date of production of the copy of this order. The petitioner will also be entitled to get

12% interest on the said arrears of Kramonnati from the due date till the date of realization of the said amount.

Certified copy as per rules.

(NANDITA DUBEY) Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 8/21/2023 4:49:34 PM

JUDGE ak

Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 8/21/2023 4:49:34 PM