PURUSHOTTAM BARVE Vs. STATE OF MP & ORS.
HIGH COURT OF MADHYA PRADESH (AT: INDORE)
State of MP And Ors.
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(1.) The petitioner, who had attained the age of superannuation while serving as an Accounts Superintendent has filed this writ petition claiming second kramonnati in pursuance to the circulars issued by the State Government dated 21.03.1983 and 19.04.1999. The case of the petitioner is that he was promoted to the post of Accountant from the post of UDC and the promotion to the post of Accountant was made in the same pay scale i.e., Rs.4000-6000.
(2.) Considering the aforesaid, learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the decision of Single Bench in the matter of Sriram Gokhale vs. State of M. P. and others decided on 23.08.2013 passed in W. P. No.9841/2011.
(3.) Learned counsel for the petitioner at the out set has drawn the attention of this Court towards a judgment delivered in the case of State of M.P. & Ors. Vs. Ramkrishna (WA No.55/2012) and his contention is that in similar circumstances involving the same controversy, a Division Bench of this Court has upheld the judgment delivered by the Single Bench, by which the impugned order passed by the respondents in the similar circumstances of the case, has been set aside. The Division Bench of this Court in the case of State of M.P. & Ors. Vs. Ramkrishna (WA No.55/2012) has held as under :-
"The facts of the case are that the respondent was appointed as Lower Division Teacher on 21.01.1972 in the pay scale of Rs. 169-300/-. The respondent's cadre was changed as an L.D.C. on 31.05.1974 in the same pay scale of Rs. 169-300/-. The respondent was promoted as U.D.C. on 22-01-1981 in the pay scale of Rs. 195-330/-. On 01.12.1986 again respondent was promoted on the post of Accountant in the pay scale of Rs. 635-950/-. Thereafter, the state Government implemented recommendation of Singh Deo Committee and cadre of U.D.C. and Accountant were merged in one pay scale of Rs. 1200-2040/- w.e.f 01.04.1997.The Revision of pay Rules 1990 came into force w.e.f. 01-01-1986 which had provided pay scale of Accountant as Rs. 1200-2040/- and the pay scale of U.D.C. as Rs. 1190-1800/-. The Singh Deo Committee report was accepted and both the cadres of U.D.C. and Accountant were merged into one cadre in one pay band of Rs. 1200-2040/-. As per the recommendation of the committee the pay scale of U.D.C. was made at par with the Accountant i.e. Rs. 1200-2040/-. When Pay Scales were merged the respondent herein was allowed benefit of second Kramonnati w.e.f. the order dated 17.01.1995. The respondent was given the benefit till attaining the age of superannuation. Thereafter, the state Government had issued an order dated 15.03.2010 by which the aforesaid benefit of Second Kramonnati was withdrawn and recovery was directed. This order was under challenge before the writ court. The writ court relying on the earlier judgment of the Single Bench of this court in Prabhat Dongre Vs State of M.P. held that respondent was entitled for second kramonnati, allowed the writ petition and quashed the recovery as was directed against the respondent. This order is under challenge in this writ appeal. ;
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