Shyamlal vs The State Of Madhya Pradesh
2025 Latest Caselaw 2887 MP

Madhya Pradesh High Court

Shyamlal vs The State Of Madhya Pradesh on 15 January, 2025

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

         NEUTRAL CITATION NO. 2025:MPHC-IND:995




                                                                  1                              WP-389-2025
                             IN        THE     HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          BEFORE
                                         HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                  ON THE 15th OF JANUARY, 2025
                                                  WRIT PETITION No. 389 of 2025
                                                      SHYAMLAL
                                                        Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                  Shri Shobhag Mal Porwal - Advocate for the petitioner.
                                  Ms. Mehul Shukla - G.A./P.L. for respondents/State.

                                                                      ORDER

1] The petitioner before this Court has filed this present petition claiming benefit of IInd Kramonnati by virtue of executive instructions issued by the Government dated 21.3.1983 and 19.4.1999.

2] The contention of the learned counsel for the petitioner is that petitioner's case is squarely covered by judgment delivered in W.P.No.6773/2006(S) in the case of Smt. Prerna Koranne vs. State of M.P. & Others passed on 26.4.2007.

3] Learned Panel Lawyer 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 the identical circumstances the Teachers of Education Department or Tribal Welfare Department were held entitled to receive the benefits of second Kramonnati under the police dated 21.03.1983 and 19.04.1999 and 02.11.2001.

NEUTRAL CITATION NO. 2025:MPHC-IND:995

2 WP-389-2025 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 03.09.2005 fixing the cut of date 01.08.2003 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 or Kramonnati under the policy dated 21.03.1983, 19.04.1999 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 the executive instructions dated 21.03.1983, 19.04.1999 and 02.11.2001 and settle his/her claim within the period of six months from today and the arrears thereof be also released within the aforesaid period.

5] With the aforesaid direction, the petition is disposed of.

(SUBODH ABHYANKAR) JUDGE

Bahar