Madhya Pradesh High CourtKailash Chandra Tambulkar vs The State Of Madhya Pradesh on 11 January, 2012W.P. No. 218/2012
   (K.C. Tambulkar and others Vs. State of MP and
                      others)
11.01.2012
     Heard Shri S.N. Sakle, learned counsel for the
petitioners on the question of admission.
     The petitioners have filed this petition being
aggrieved by the fact that the respondents/authoritieshave withdrawn the benefit of Second Krammonati
granted to the petitioners after completing 24 years of
service granted to them in accordance with the
Circular issued by the State Government               dated
19.04.1999 and thereafter extended the same only
w.e.f. 01.08.2003 in view of clause 3 of the subsequent
circular   dated   03.09.2005    issued   by    the   State
Government.It is submitted that inspite of the fact that the
petitioners have filed a representation before the
authorities claiming parity and similar benefits as
granted by this court to the identically situated persons
relying upon the decision rendered in the case of Smt.
Prerna W/o Shri Promod Koranne Vs. State of M.P. and
others, in W.P. No. 6773/06 decided on 26.04.07
wherein the aforesaid clause 3 of the policy dated
03.09.2005 fixing the cut of date 01.08.2003 has been
quashed but the respondents have not           granted the
aforesaid benefit to the petitioners, hence this petition.In view of the aforesaid facts and circumstances,
as the representations filed by the petitioners are still
pending before the authorities, the petition filed by the
 petitioners is disposed of with a direction the the
respondents/authorities to consider and decide the
same keeping in mind the decision of this court
rendered in the case of Prerna (Supra) wherein this
court has held 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 21/03/1983,
     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 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        21/03/1983,
              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."Let the aforesaid exercise be undertaken by the
respondents/authorities       expeditiously,     preferably
within a period of three months from the             date of
furnishing a copy of the order passed today and a copy
of the petition on the respondents/authorities by the
petitioner.With the aforesaid directions, the petition filed by
the petitioners is disposed of.C.C. as per rules.(R.S. Jha)

                                         Judge

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