ANWAR JAHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner is challenging the action of the respondents in denying the benefit of second Kramonnati and proposing to make recovery of benefit already granted after retirement from service. The question involved in this petition already decided by a Bench of this Court 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 26/04/2007, and subsequently followed by this Court in series of cases, one such order being passed in W.P. No.5756/08(s), Shri R.C. Chaurasiya & Others Vs. State of M.P. & Others, decided on 26/05/2008. In the case of Smt. Prerna the directions given is as under :

(2.) In the cases of various employees, who had retired from service and in whose cases recovery was effected, a Bench of this Court in W.P.(s)No.2595/04, had passed an order on 24/03/2005, quashing similar orders of recovery and directing for refund of the amount already recovered keeping in view the order passed by this Court in the case of Smt. Prerna , so also in W.P.(s) No.2595/04. There is no reason as to why action identical in nature impugned in this petition be not quashed and similar benefit be not extended to the petitioner. In that view of the matter this petition is allowed, order impugned cancelling the second Kramonnati granted to the petitioner and the consequential order of recovery affected are quashed. Respondents are directed to refund the aforesaid amount to the petitioner in accordance to the order passed, in paragraph 17 (iii) in the case of Smt. Prerna . Consequently, necessary action be taken for revision of petitioner's pension and other post retiral benefits. If for any reason whatsoever, the State Government finds that the benefit cannot be extended, the authorities are free to record reasons for the same and pass a speaking order.

(3.) Accordingly, the writ petition stands allowed and disposed of with the aforesaid. C.C. as per rules today.