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Madhya Pradesh High Court · body

2013 DIGILAW 1465 (MP)

Mahaveer Prasad Dwivedi v. State of M. P.

2013-11-27

RAJENDRA MENON

body2013
JUDGMENT : Rajendra Menon, J. 1. Petitioner is challenging the action of the respondents in denying the benefit of second Kramonnati and proposing to make recovery of benefit already granted. The question involved in this petition stands already decided by a Bench of this Court in the case of Smt. Prerna W/o. Shri Promod Koranne v. State of M.P. and Others, in W.P. No. 6773/06, decided on 26/04/2007, and subsequently followed by this Court in series of cases, one such order being passed in W.P. No. 5756/08(s), Shri R.C. Chaurasiya & Others v. State of M.P. & Others, decided on 26/05/2008. In the case of Smt. Prerna (Supra) the directions given is as under: 17. Consequently these petitions are allowed. The petitioners are entitled to derive the benefit of second Krammonati according to the terms and conditions mentioned in the circular 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 fixing the cut of dated 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 21.3.83, 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 leviable. (iv) In some of the cases, the benefit of second Kramonnati has not been allowed to the petitioners, however on due consideration of their 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. In view of the aforesaid, the respondents are directed to examine the case of the petitioner whether he is entitled to be given the benefits of the judgment passed by the Indore Bench of this Court in the case of Smt. Prerna (supra) and on examination in case they come to the conclusion that the petitioner is similarly placed, petitioner be also extended the same benefits which have been extended to the petitioners in W.P. No. 6773/2006(s) (Supra). Accordingly, necessary orders shall be passed by the respondents within a period of two months from the date the petitioner's furnishes certified copy of this order to the respondents. 2. Accordingly, this petition is allowed, order impugned cancelling the second Kramonnati granted to the petitioner and the consequential order of recovery affected are quashed. Respondents are directed to refund the aforesaid amount to the petitioner in accordance to the order passed, in paragraph 17(iii) in the case of Smt. Prerna (supra). 3. If for any reason whatsoever, the State Government finds that the benefit cannot be extended, the authorities are free to record reasons for the same and pass a speaking order. 4. The petition stands disposed of with the aforesaid. Petition allowed.