Brajmohan vs The State Of Madhya Pradesh ...
2023 Latest Caselaw 3801 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                 ON THE 3 rd OF MARCH, 2023
                                               WRIT PETITION No. 5120 of 2023

                           BETWEEN:-
                           BRAJMOHAN S/O SHRI TRILOKCHAND SEN, AGED
                           ABOUT    62  YEARS, OCCUPATION: RETD. GOVT.
                           SERVANT R/O PATWA BAZAR TESHIL KHILCHIPUR
                           DISTRICT RAJGARH (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (MS. ARCHANA        UPADHYAYA,        LEARNED    COUNSEL      FOR     THE
                           PETITIONER )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL          SECRETARY EDUCATION
                                 DEPARTM ENT, VALLABH BHAWAN, DISTRICT
                                 BHOPAL. (MADHYA PRADESH)

                           2.    DISTRICT   EDUCATION   OFFICER DISTRICT
                                 RAJGARH (MADHYA PRADESH)

                           3.    DISTRICT  PENSION   OFFICER               DISTRICT
                                 RAJGARH (MADHYA PRADESH)

                           4.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                                 PENSION BHOPAL DIVISION BHOPAL (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR
                           THE RESPONDENT/STATE)

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

The petitioner before this Court, retired Assistant Teacher has filed this present petition claiming benefit of IInd Kramonnati by virtue of executive Signature Not Verified Signed by: REENA JOSEPH Signing time: 03-03-2023 17:58:50

instructions issued by the State Government dated 21.03.1983 and 19.04.1999.

The contention of 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.

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 3.9.2005 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 a n d 2.11.2001 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 21.03.83, 19.04.1999 and 02.11.2001 and settle his claim including post retiral and pensionary benefits within a period of six months from today and the arrears thereof be also released within the aforesaid period. With the aforesaid directions, the petition is disposed off.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 03-03-2023 17:58:50