Vijay Kumar Chaturvedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16455 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 6 th OF OCTOBER, 2023
                                             WRIT PETITION No. 25529 of 2023

                          BETWEEN:-
                          VIJAY KUMAR CHATURVEDI S/O LATE SHRI MADAN
                          MOHAN CHATURVEDI, AGED-74 YEARS, OCCUPATION:
                          RETIRED GOVERNMENT EMPLOYEE R/O CHINTAMANI
                          GANESH MANDIR DANDAPURA DISTRICT VIDISHA
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI M.L. TOMAR- ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                SCHOOL    EDUATION   VALLABH   BHAWAN,
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          2.    THE COMMISSIONER, PUBLIC             INSTRUCTION
                                BHOPAL (MADHYA PRADESH)

                          3.    THE DISTRICT EDUCATION OFFICER DISTRICT
                                VIDISHA (MADHYA PRADESH)

                          4.    THE JOINT DIRECTOR, TREASURY ACCOUNT
                                AND PENSION, BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI G.K. AGARWAL- GOVERNMENT ADVOCATE )

                                Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                              ORDER

Seeking direction to an extent of benefit of second Kramonnati ignoring the policy issue by the State Government specifying the cut off date in the light Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 07-Oct-23 11:49:04 AM

of the orders passed by this Court in the case of Smt. Prerna w/o Shri Promod Koranne vs State of M.P. and Ors decided on 26.04.2007, petitioners have filed this petition. They have further claimed the relief to grant consequential benefits also.

After perusal of the record of this petition, it reveals that the benefit of grant of second Krammonati in the light of the judgment rendered in the case of Smt. Prerna (supra) has been prayed for wherein this Court has issued the following directions:

"17. Consequently, these petitions are allowed. The petitioners are entitled to derive the benefit of second Kramonnati according to the terms and conditions mentioned in the circulars dated 21.3.83, 19.4.99, 2.11.2001 and 3.9.2005. Accordingly, these petitions are disposed of with the following directions:-

(i) Clause-3 of policy dated 3.9.2005 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 2.11.2001 in accordance with the terms and conditions as specified therein.

(iii) In view of the said directions, if the orders of recovery passed by the Government against petitioners are quashed, and if any amount is recovered from them for said reasons be refunded back to them within three months, with interest at rate 6 % per annum. On failure to comply the said directions within the aforesaid time, the interest 9% per annum will be levyable.

(iv) In some of the cases, the benefit of second Kramonnati has not been allowed to the petitioners, however on due consideration of their Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 07-Oct-23 11:49:04 AM

cases, the respondents are directed to do the needful in accordance with the policy dated 21.3.83, 19.4.99, 2.11.01 and 3.9.2005 and settled their claim including post retiral and pensionary benefits within the period of 6 months from today and the arrears thereof be released along with permissible amount of interest under the law."

(v) With the above directions all the aforesaid petitions are disposed of. In the facts and circumstances of the case, parties are directed to bear their own costs. A copy of this Order be placed in the record of all the aforesaid petitions. After hearing learned counsel for the parties and on perusal of the record, the claim of the petitioner requires consideration by the competent authority in the light of the judgment of Smt. Prerna (supra), however, this petition stands disposed of with the following directions:

(i) On submitting a representation afresh along with the certified copy of this order within a period of two weeks from the date of receipt of certified copy of this order, the claim of the petitioner be considered by the authority competent. If it is found that the case of the petitioner is similar to Smt. Prerna (supra), the benefit of Second Kramonnati be extended. Otherwise reasoned order be passed affording an opportunity of hearing to the petitioner.

(ii) It is further directed that the consequential benefits may be allowed to the petitioner. They be granted, otherwise appropriate orders may be passed by the authority.

Needless to emphasize that if the petitioner feels aggrieved by the orders passed by the authority, he may take appropriate recourse to law afresh.

CC as per rules/directions.

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 07-Oct-23 11:49:04 AM

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 07-Oct-23 11:49:04 AM