Mek Singh Katara vs The State Of Madhya Pradesh
2024 Latest Caselaw 28207 MP

Madhya Pradesh High Court

Mek Singh Katara vs The State Of Madhya Pradesh on 14 October, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

         NEUTRAL CITATION NO. 2024:MPHC-IND:29244




                                                              1                             WP-30441-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                 ON THE 14th OF OCTOBER, 2024
                                                WRIT PETITION No. 30441 of 2024
                                                 MEK SINGH KATARA
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                   Shri Shashank Patwari, learned counsel for the petitioner.

                                   Shri Raghav Shrivastava, learned counsel appearing on behalf of
                         Advocate General.

                                                                  ORDER

1] Heard on the question of admission.

2] The petitioner before this Court has filed this petition claiming benefit of the first higher pay scale on completion of 12 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

NEUTRAL CITATION NO. 2024:MPHC-IND:29244

2 WP-30441-2024

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 petitioner 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, the writ petition is disposed of.

(SUBODH ABHYANKAR) JUDGE

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