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Madhya Pradesh High Court · body

2014 DIGILAW 1300 (MP)

Basant Kumari Mishra v. State of M. P.

2014-10-10

R.S.JHA

body2014
ORDER 1. The petitioner, who is an Assistant Teacher, has filed this petition claiming benefit of the second Krammonnati as per the circulars of the State Government dated 17.3.1999 and 19.4.1999. 2. The learned counsel for the petitioner submits that the issue raised by the petitioner stands concluded by the decision of this Court in the case of Smt. Prerna v. State of M.P. and others, W.P No.6773/2006, decided on 26.4.2007. “17. Consequently these petitions are allowed. The petitioners are entitled to derive the benefit of second Kramonnati according to the terms and conditions mentioned in the circular dated 21.3.1983, 19.4.1999, 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 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 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 @ 6% per annum, on failure to comply the said directions within the aforesaid time, the interest @ 9% per annum will be levyable. (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 21.3.1983, 19.4.1999, 2.11.2001 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.” 3. It is observed that the petitioner has directly approached this Court without filing any application before the authorities bringing to their notice the circular of the State Government and the order passed by this Court in the case of Smt. Prerna (supra). 4. It is observed that the petitioner has directly approached this Court without filing any application before the authorities bringing to their notice the circular of the State Government and the order passed by this Court in the case of Smt. Prerna (supra). 4. In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation before the respondent authorities within three weeks from today bringing to their notice the circulars of the State Government dated 17.3.1999 and 19.4.1999 and the decision rendered in the case of Smt. Prerna (supra), along with a certified copy of the order passed today and a copy of the petition, the concerned authority shall consider and decide the same expeditiously in accordance with law preferably within a period of three months thereafter, keeping in mind the circular of the State Government dated 19.4.1999 and the subsequent circulars issued in that respect as well as the decision rendered in the case of Smt. Prerna (supra). 5. It is made clear that this Court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to consider the representation by taking all facts and facets into consideration and thereafter either accept or reject the same by passing a reasoned order. 6. With the aforesaid direction, the petition filed by the petitioner stands disposed of.