Amrit Lal Dahayat vs The State Of Madhya Pradesh
2023 Latest Caselaw 3254 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 22 nd OF FEBRUARY, 2023
                                             WRIT PETITION No. 4348 of 2023

                          BETWEEN:-
                          AMRIT LAL DAHAYAT S/O MAINA PRASAD DAHAYAT,
                          AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
                          ASSISTANT TEACHER R/O GRAM AND POST SONWARI.
                          TAHSIL MAIHAR, DISTRICT SATNA (MADHYA
                          PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI VIDYA PRASAD MISHRA- ADVOCATE)

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

                          2.    THE COMMISSIONER PUBLIC INSTRUCTION
                                GOUTAM NAGAR BHOPAL (MADHYA PRADESH)

                          3.    THE DISTRICT EDUCATION OFFICER SCHOOL
                                EDUCATION     DEPARTMENT DISTT. SATNA
                                (MADHYA PRADESH)

                          4.    SANKUL PRACHARYA GOVT. GIRLS HIGHER
                                SECONDARY    SCHOOL SCHOOL EDUCATION
                                DEPARTMENT MAIHAR TAHSIL MAIHAR DISTT.
                                SATNA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI SWAPNIL GANGULY - DY. ADVOCATE GENERAL)

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

The petitioner by way of this petition u/A 226 of the Constitution of India Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/23/2023 12:09:42 PM

seeking following relief:-

i. Top direct the respondent to grant the benefit of second kramonnati w.e.f. 19.04.1999 as decided by this Hon'ble Court in the case of Smt. Prerna Vs. State of M.P. and Others followed in subsequent judgment in similar cases.

ii. Top grant second kramonnati w.e.f. 19.04.1999 as per the State Government circulars.

iii. To revision of pay scale and consequential fixation of their pension/family pension from the date extended the benefit of second kramonnati i.e. 19.04.1999.

iv. To pay the arrears arising out of re-fixation of pay scale and pension.

v. Any other relief which this Hon'ble Court may deems fit and proper may also be passed together cos of the petition.

Learned counsel for the petitioner at the outset submits that the controversy involved in the matter is finally decided by this Court in Writ Petition No. 6773/2006 (Prerna vs. State of MP), decided at Indore Bench. He submits that the petitioner intends to prefer representation, which may be directed to be decided by the respondent No. 2 to 4, in the light of the judgment in Prerna's case (supra) , within a stipulated time.

The aforesaid innocuous relief prayed for is not opposed by learned government counsel appearing for the respondents.

Accordingly, witho ut expressing a n y o p inio n o n the merits and entitlement of the petitioner, this petition is disposed of with the following directions:

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/23/2023 12:09:42 PM

(1) The petitioner sh a ll p refer a detailed representation along with the judgment in Prerna's case (supra) on which he wants to place reliance and file it before respondent No.2 to 4, within 60 days from the date of receipt of certified copy of the order.

(2) The sa id respondents shall consider and examine the applicability of such judgments in case of petitioner. In the event the authorities come to the conclusion that the petitioner is entitled for similar benefits and claims, the claims be paid to the petitioner within 60 days. The said respondents while deciding the representations shall pass a reasoned and speaking order.

With the aforesaid observation, the petition stands disposed of. Certified copy as per rule

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/23/2023 12:09:42 PM