Gangaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 22241 MP

Madhya Pradesh High Court

Gangaram vs The State Of Madhya Pradesh on 22 December, 2023

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                             ON THE 22 nd OF DECEMBER, 2023
                                             WRIT PETITION No. 30505 of 2023

                           BETWEEN:-
                           GANGARAM S/O BHANWARLAL SURYAWANSHI, AGED
                           ABOUT 68 YEARS, OCCUPATION: RETIRED HOUSE 20,
                           GRAM BHILAKHEDI, TEHSIL NALKHEDA, DIST. AGAR
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI ARVIND KUMAR SHARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROGUH
                                 PRINCIPAL SECRETARY SCHOOL EDUCATION
                                 DEPARTMENT VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    DISTRICT EDUCATION OFFICER DISTRICT AGAR
                                 MALWA (MADHYA PRADESH)

                           3.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                                 PEN SION UJJAIN DIVISION, UJJAIN (MADHYA
                                 PRADESH)

                           4.    DISTRICT TREASURY OFFICER DISTRICT AGAR
                                 MALWA (MADHYA PRADESH)

                           5.    BLOCK EDUCATION OFFICER SUSNER DISTRICT
                                 AGAR MALWA (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI VAIBHAV BHAGWAT - G. A.)

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

Heard on the question of admission.

2) The petitioner before this Court has filed this petition claiming benefit of second Kramonnati on completion of 24 years of service by virtue of executive instructions issued by the State Government dated 21.03.1983 and 19.04.1999.

3) The contention of learned counsel for the petitioner is that petitioner's case is 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.

4) Learned counsel for the respondents/State has fairly stated before this Court that the matter is squarely covered by the judgment delivered in the case

o f 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 Second Kramonnati under the policy dated 21.03.1983, 19.04.1999 and 02.11.2001.

5) 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 off with the following directions:

(i) Clause-3 of policy dated 03.09.2005 fixing the cut of date 1.8.2003 to grant the benefit of second kramonnati to the teachers is arbitrary, discriminatory, hence quashed.

( i i ) 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 02.11.2001 in accordance with the terms and conditions as specified therein.

(iii) The respondents are directed to consider the case of the petitioners keeping in view executive instructions dated 21.03.1983, 19.04.1999 and 02.11.2001 and settle their claim including post retiral and pensionary benefits as expeditiously as possible and the arrears thereof be also released at the earliest.

6) With the aforesaid directions, the petition is disposed of.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj