ASHA GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 5/5/09, by which the benefit of 2nd kramonnati granted earlier has been withdrawn. The petitioner is a retired employee and the contention of the petitioner is that she was granted the benefit of 2nd kramonnati vide order dt. 28/4/06 w.e.f. 1/8/03, however, the same was withdrawn by impugned order as the petitioner has refused to accept promotion to the post of Head Master which was granted to her vide order dt. 28/1/06. The sole reason assigned in the return is that the petitioner at the time of grant of benefit was made aware of the fact that in case she is promoted to the next higher post and in case she declines to join the promotional post, the respondent shall be withdrawing the benefit of kramonnati and the stand of the respondent State is that they have rightly withdrawn the benefit of 2nd kramonnati.

(2.) LEARNED counsel for the petitioner has drawn attention of this Court towards a judgment delivered by this court in the case of Lokendra Kumar Agrawal Vs. State of Madhya Pradesh and another reported in 2010 (2) MPHT 163.

(3.) THE facts of the present matter are also identical. The benefit of the 2nd Kramonnati has been withdrawn without affording any opportunity of hearing to the petitioner and without conducting any enquiry and the said withdrawal has resulted into reduction in pay of the petitioner, and consequently affected her pensionary benefits, therefore, in view of the position settled by the Division Bench in the above judgment, the impugned action of the respondents can not be sustained and is hereby set aside. It is held that the petitioner would be entitled to benefit of the 2nd Kramonnati which was given to her earlier and her pensionary benefits will be calculated accordingly. The writ petition is allowed to the extent indicated above.