RAJNI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 28-1-2011 by which the benefit of 2nd Kramonnati granted to the petitioner has been withdrawn and recovery has also been ordered against the petitioner.

(2.) The contention of the petitioner is that she was appointed on 16-3-1981 on the post of LDC and thereafter she was promoted as UDC on 2-5-1984. The petitioner has further stated that he was promoted later on to the post of accountant on 5-7-1989. The contention of the petitioner is that by virtue of the recommendations of the pay commission, the pay scale of the accountant was revised to Rs. 4,000 - 6000/- and the pay scale of the post of UDC was also revised to Rs. 4000 - 6000 and the respondents could not have passed the impugned order dt. 28-1-2011 on the ground that the petitioner has received two promotions while in service. Learned counsel for the petitioner has vehemently argued before this Court that the petitioner's promotion from UDC to accountant cannot be termed as a promotion for the purpose of grant of Kramonnati, keeping in view the policy dt. 19-4-1999 as both the posts were carrying similar pay scale. Learned counsel for the petitioner has brought to the notice of this Court the judgment delivered in the case of Prabhat s/o Raghunath vs. State of M. P. and ors., W. P. No. 5941/2010 (s) decided on 1-2-2011, wherein a similar controversy has been decided by this Court. This Court in Prabhat s/o Raghunath has held as under :

(3.) In pursuance to the recommendations of the Departmental Promotion Committee the second respondent District Education Officer, Indore vide order dated 28-2-2009 (Annexure P-5) sanctioned the benefit of second Kramonnati payable to him on the basis of Kramonnati Policy of the State Government w.e.f. 5-4-2000 the date on which he had completed 24 years of service and fixed him in the pay scale of Rs. 4500-7000/-. As a consequence of the said order dated 28-2-2009 the petitioner's pay was fixed w.e.f. 5-4-2000 vide order dated 4-4-2009 (Annexure P-6).