RAMESHCHANDRA TEMNIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This matter is referred to by Division Bench at Indore of this High Court at Indore vide order dtd. 29/9/2021 referring the following questions for consideration to Larger Bench:

(2.) The backdrop, in which reference is made, is that the petitioner Rameshchandra Temniya while working as Dresser was promoted by order dtd. 17/12/1999 on the post of Dresser Grade I in the scale of Rs.3050.00 4590/-. The appellant took a conscious decision to forgo the promotion. In furtherance of his decision, the promotion order was cancelled on 21/1/2000. Thereafter pursuant to the circular of the State Government dtd. 17/3/1999/19/4/1999 after completion of 12 years of service, the petitioner was given first kramonnati in the pay-scale of Rs.2,610.003,540/-. When this aspect of grant of kramonnati after denial of promotion came to the notice of the Accounts and Audit Sec. of the concerned Department that petitioner had declined promotion, it was opined that the petitioner was not entitled to get benefit of kramonnati. Therefore, by order dtd. 10/6/2008, the promotion order was cancelled and the financial benefits attached to the promotional post were directed to be recovered along with interest.

(3.) The order dtd. 10/6/2008 was called in question by filing Writ Petition No.8527/2018. Learned Single Judge upheld the order dtd. 10/6/2008 as a result writ appeal was filed.