Deceased Hajari Lal Malviya ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 17044 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                               ON THE 12 th OF OCTOBER, 2023
                                              WRIT PETITION No. 26412 of 2023

                           BETWEEN:-
                           DECEASED HAJARI LAL MALVIYA THROUGH LRS. SMT.
                           DEEP KUNWAR BAI MALVIYA W/O LATE SHRI HAJARI
                           LAL MALVIYA, AGED ABOUT 68 YEARS, OCCUPATION:
                           HOUSE WIFE VILLAGE POST BHAISAYA NAGIN TEH.
                           KALAPIPAL DISTT. SHAJAPUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI K.L. PUROHIT, ADVOCATE)

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

                           2.    DIVISIONAL PENSION OFFICER BHARATPURI
                                 UJJAIN (MADHYA PRADESH)

                           3.    DISTRICT  EDUCATION  OFFICER   SCHOOL
                                 EDUCATION DEPARTMENT AB ROAD SHAJAPUR
                                 (MADHYA PRADESH)

                           4.    PRINCIPAL GOVT. H.S. SCHOOL KHOKHARAKALA
                                 SHAJAPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI MUKESH PARWAL, G.A.)

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

Heard on the question of admission.

2) The petitioner before this Court has filed this petition claiming benefit Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 12-10-2023 17:15:03

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 petitioner is that petitioner's 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 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 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 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.

Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 12-10-2023 17:15:03

(SUBODH ABHYANKAR) JUDGE krjoshi

Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 12-10-2023 17:15:03