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Madhya Pradesh High Court · body

2014 DIGILAW 722 (MP)

R. P. Chourasiya v. State of M. P.

2014-06-25

R.S.JHA

body2014
Judgment: R.S. Jha, J. 1. Heard Shri AK Bajpai, learned counsel for the petitioner on the question of admission and interim relief. 2. The petitioner has filed this petition claiming benefit of the second Krammonnati as per the circular of the State Government dated 19.4.1999 and similar circulars issued from time to time as well as the decision rendered by this court in the case of Smt. Prerna vs. State of M.P. and Others, W.P. No. 6773/2006, decided on 26.4.2007, which is in the following terms:- 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 21/03/1983, 19/04/1999, 02/11/2001 and 03/09/2005. Accordingly, these petitions are 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 of 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) 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 prernafrom 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 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 21/03/1983, 19/04/1999, 02/11/2001 and 03/09/2005 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. 4. 3. It is observed that the petitioner has directly approached this Court without filing any application before the authorities. 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 copy of the order passed today and a copy of the petition before the authorities within two weeks from today claiming the aforesaid benefit, the concerned authority shall consider and decide the representation of the petitioner Annexure P/6, keeping in mind the order passed by this Court in the case of Smt. Prerna (supra) expeditiously in accordance with law and in case the petitioner is found entitled, benefit of the same shall be extended to the petitioner. 5. However, 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 examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order. 6. With the aforesaid direction, the petition filed by the petitioner stands disposed of. 7. C.C. as per rules.