Madhya Pradesh High Court
Ramswaroop Arya Through Lrs. Smt. ... vs Principal Secretary on 11 July, 2023
Author: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH AT
INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 11th OF JULY, 2023
WRIT PETITION No. 15602 of 2023
BETWEEN:-
RAMSWAROOP ARYA THROUGH LRS. SMT. BEENA DEVI ARYA W/O
LATE SHRI RAMSWAROOP ARYA, AGED ABOUT 68 YEARS,
OCCUPATION: HOUSEWIFE R/O C/O SRI G.D. ARYA 104 VYANKTESH
NAGAR ANEX AURODRUM ROAD INDORE 452005 (MADHYA PRADESH)
.....PETITIONER
(BY SHRI U.S. VERMA, ADVOCATE)
AND
PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC WORKS
1.
NATIONAL HIGHWAY VALLABH BHAWAN (MADHYA PRADESH)
THE DISTRICT TREASURY OFFICER DISTRICT RAJGARH (MADHYA
2.
PRADESH)
THE EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS
3. (NATIONAL HIGHWAY) DIVISION MISROD, REST HOUSE, POLICE
STATION HOSHANGABAD ROAD, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDARSHAN JOSHI, GOVERNMENT ADVOCATE)
----------------------------------------------------------------------------------------
This petition coming on for admission this day, the court passed
the following:
ORDER
The petitioner before this Court has filed 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 his 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. But there is a delay in
approaching the Court, hence, she is not entitled for interest.
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:-
The respondents are directed to consider the claim of the
petitioner keeping in view executive instructions dated 21.03.83,
19.04.1999 and 02.11.2001 and settle the claim including post retiral
and pensionary benefits within a period of six months and pay the
arrears.
With the aforesaid directions, the petition is disposed of.
Let a copy of this order be served tot he respondents along with
detailed representation by the petitioner within a period of 15 days from
today.
(VIVEK RUSIA)
JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2023.07.12 17:28:51 +05'30'
