Mohan Lal Malviya vs The State Of Mp
2025 Latest Caselaw 4983 MP

Madhya Pradesh High Court

Mohan Lal Malviya vs The State Of Mp on 1 March, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

         NEUTRAL CITATION NO. 2025:MPHC-JBP:9591




                                                            1                               WP-6596-2025
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 1 st OF MARCH, 2025
                                               WRIT PETITION No. 6596 of 2025
                                                 MOHAN LAL MALVIYA
                                                         Versus
                                              THE STATE OF MP AND OTHERS
                         Appearance:
                                 Shri Shakti Kumar Soni - Advocate for the petitioner.

                                 Shri A.S. Baghel - Govt. Advocate for the State.

                                                                ORDER

The petitioner before this Court, retired Upper Division Teacher, Government Higher Secondary School, has filed the present petition claiming the benefit of 2nd Krammonati by virtue of executive instructions issued by the State Government dated 21.03.1983 and 19.04.1999.

The contention of learned counsel for the petitioner is that petitioner's case is squarely covered by the Order passed by this Court in W.P. No.6773 of 2006 (s) Smt. Prerna Khoanne Vs. State of M.P. and Others on 26.04.2007

and upheld by Division Bench in Writ Appeal No.658/2007 vide order dated 18/12/2008 (State of M.P., Vs. Smt. Prerna Koranne).

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

NEUTRAL CITATION NO. 2025:MPHC-JBP:9591

2 WP-6596-2025 receive the benefits of 2nd Krammonati under the policy dated 21.03.1983 and 19.04.1999 and 02.11.2001.

Resultantly, keeping in view the judgment delivered in the case of Smt. Prerna Khoranne (supra) with the consent of 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 2nd Krammonati 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 Krammonati under the policy dated 21.03.1983, 19.04.1999 and 02.11.2001 in accordance with the terms and conditions as specified; and

(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 his 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.

(VIJAY KUMAR SHUKLA) JUDGE

Shruti