Dr. Laxminarayan Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 630 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                              ON THE 10 th OF JANUARY, 2023
                                              WRIT PETITION No. 636 of 2023

                          BETWEEN:-
                          DR. LAXMINARAYAN GUPTA S/O SHRI SOMCHANDRA
                          GUPTA, AGED ABOUT 76 YEARS, OCCUPATION:
                          RETIRED, R/O 85 CHANDRASHEKHAR AZAD MARG,
                          ALIRAJPUR DISTRICT JHABUA (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY SHRI MAHESH AGRAWAL- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH SHRIMAN
                                PRAMUKH SACHIV DISTRICT BHOPAL. (MADHYA
                                PRADESH)

                          2.    SHRIMAN    SANCHALAK ADIM JATI KALYAN
                                SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

                          3.    SHRIMAN    JILADISH  MAHODAYA JILADISH
                                KARYALAYA JHABUA (MADHYA PRADESH)

                          4.    SHRIMAN   PARIYOJNA   PRASASAK UKIKRAT
                                ADIM JATI VIKAS PARIYOJNA BARWANI
                                BARWANI (MADHYA PRADESH)

                          5.    JILA KOSHALAYA ADHIKARI BARWANI JILA
                                KOSHALAYA BARWANI (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI VALMIK SAKARGAYEN - GOVERNMENT ADVOCATE)

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

The petitioner before this Court, a retired Government servant, has filed Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 10-Jan-23 5:26:45 PM

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 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.

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 01.8.2003 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 21.3.83, 19.4.99 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 petitioner keeping in view executive instructions dated 21.03.1983, 19.04.1999 and 02.11.2001 and settle his claim including post retiral and pensionary benefits with the period of six months from today and the arrears thereof be also Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 10-Jan-23 5:26:45 PM

released within the aforesaid period.

With the aforesaid directions, the petition is disposed of.

(PRANAY VERMA) JUDGE jyoti

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 10-Jan-23 5:26:45 PM