Smt. Shobhna Madanikar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7976 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                            BEFORE NATIONAL LOK ADALAT
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                          &
                                            SHRI ASHISH GUPTA, ADVOCATE
                                                  ON THE 13 th OF MAY, 2023
                                               WRIT PETITION No. 9171 of 2023

                           BETWEEN:-
                           SMT. SHOBHNA MADANIKAR W/O LATE SHRI
                           HARIRAO KARDEKAR, AGED ABOUT 76 YEARS,
                           OCCUPATION: NIL R/O H.NO. 76 SHIVAM ESTATE
                           STATION ROAD DISTT. DEWAS (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SUBHASH UPADHYAY-ADVOCATE )

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

                           2.    DISTRICT   EDUCATION              OFFICER DEWAS
                                 (MADHYA PRADESH)

                           3.    PRINCIPAL HIGH SCHOOL SINGAWADA DEWAS
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI MUKESH PARWAL-ADVOCATE )

                                 This petition coming on for conciliation this day, the Bench passed the
                           following:
                                                              ORDER

(1) The petitioner being retired Assistant Teacher 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.

(2) The contention of counsel for the petitioner is that her case is squarely covered by the judgment delivered in W.P. No.6773 of 2006 (s) in the Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 14-05-2023 00:37:09

case of Smt. Prerna Khoranne Vs. State of M.P. and others passed on 26.04.2007.

(3) 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.

(4) 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 3.9.2005 fixing the cut of date1.8.2003 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 her 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 of.

(JUSTICE VIVEK RUSIA) (ASHISH GUPTA ) MEMBER MEMBER

Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 14-05-2023 00:37:09