ARUN PANDEY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order will also govern disposal of W.P. No. 14533/2008, W.P. No. 14538/2008 and W.P. No. 2368/2009. The only grievance put forth by the petitioners is that though a Kramonnati pay scale was prescribed in the statutory rules governing the services of the petitioners, yet the same was not extended and claiming grant of second Kramonnati on completion of 24 years, such a representation of the petitioners was rejected on 02.08.2007, therefore, the petitioners are entitled to the benefit of second Kramonnati as prescribed under the scheme. It is contended that similar issue was raised before this Court in W.P. No. 824/2004 (S) decided on 15.09.2009 and in W.P. No. 2406/2010 (S), decided on 03.09.2010, wherein this Court has held that persons are entitled to grant of benefit of Kramonnati pay scale or higher pay scale as prescribed under the statutory rules. It is contended by Learned Counsel for the petitioners that though such a benefit was available, amendments were made in the scheme, yet action was not taken and, therefore, the claim was made. It is categorically contended that neither the petitioners were granted second upgradation of pay scale on completion of 24 years of service nor they were granted the benefit of second Kramonnati.

(2.) REFUTING such claims made by Learned Counsel for the petitioners, learned Govt. Advocate has pointed out that in the return a categorical statement has been made that the scheme of upgradation of pay scale on completion of requisite years of service is already provided in the statutory service rules and, therefore, the Kramonnati scheme would not be applicable for the petitioners. It is contended that in view of this, the claim made by the petitioners cannot be accepted.

(3.) IN view of the aforesaid, orders impugned are hereby quashed and these writ petitions are disposed of with a direction to the respondents to look into such claim of the petitioners, strictly in terms of the scheme made by the respondent -State as amended by circular dated 3/17.05.2000 and in case it is found that the petitioners were not given the benefit of the second Kramonnati, grant such benefit to the petitioners from the date it become due to the petitioners, calculate all the arrears and to pay the said amount to them.