Ashok Kumar Saran vs The State Of Madhya Pradesh
2023 Latest Caselaw 8741 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 14 th OF JUNE, 2023
                                             WRIT PETITION No. 12790 of 2023

                           BETWEEN:-
                           1.    ASHOK KUMAR SARAN S/O SHRI MANGI LAL
                                 SARAN, AGED ABOUT 64 YEARS, OCCUPATION:
                                 RETIRED TEACHER EXCELLENCE H.S. SCHOOL
                                 BADNAWAR DISTT. DHAR R/O BADNAWAR
                                 DISTT. DHAR (MADHYA PRADESH)

                           2.    LOKESH CHANDRA JOSHI S/O SHRI KRISHNA
                                 CHANDRA JOSHI, AGED ABOUT 66 YEARS,
                                 OCCUPATION: RTD. ASST. TEACHER GOVT. N.C.
                                 EXCELLENCE H.S. SCHOOL , BADNAWAR DIST.
                                 DHAR E R/O BADNAWAR DISTT. DHAR (MADHYA
                                 PRADESH)

                                                                                     .....PETITIONERS
                           (BY SHRI KISHORI LAL PUROHIT, LEARNED COUNSEL)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN   BHOPAL
                                 (MADHYA PRADESH)

                           2.    DIVISIONAL PENSION OFFICER UJJAIN DIVISION,
                                 BHARATPURI UJJAIN (MADHYA PRADESH)

                           3.    DISTRICT  EDUCATION   OFFICE   SCHOOL
                                 EDUCATION   DEPARTMENTR DISTRICT DHAR
                                 (MADHYA PRADESH)

                           4.    PRINCIPAL GOVT. N.C. EXCELLENCE H.S. SCHOOL
                                 BADNAWAR DIST. DHAR (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (SHRI DEVASHISH DUBEY, LEARNED PANEL LAWYER FOR
                           RESPONDENTS/STATE)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 14-06-2023
17:31:35
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                           following:
                                                                ORDER

Heard on the question of admission.

2) The petitioners 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 petitioners is that petitioners' 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 respondent/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.

(ii) 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 Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 14-06-2023 17:31:35

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 off. Certified copy, as per rules.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 14-06-2023 17:31:35