Geeta Sharma Vs. the State of Madhya Pradesh - Court Judgment

W.P.No.853/2006 04/07/2012 Shri Ajit Singh, learned counsel for the petitioner.

Shri Rajesh Tiwari, learned GA for the Respondents/State.

Challenging the action of the respondents in cancelling the kramonnati granted to the petitioner's husband and, thereafter, directing for recovery of the benefit of pay-fixation granted on the said kramonnati, petitioner Smt.Geeta Sharma, widow of Lata Ashok Kumar Sharma has filed this writ petition.

Records indicate that late Ashok Kumar Sharma was earlier working in the Land Army.

When the said organization was abolished by the State Government in the year 1992, employees working in the said department were absorbed in other departments.

Consequently, petitioner's husband Late Ashok Kumar Sharma was also absorbed in the Tribal Department on 2.8.1994 and while working so, he died on 14.8.2004.

While in service, Shri Ashok Kumar Sharma was granted benefit of kramonnati, after counting the services rendered by him in the Land Army.

However, after his death while granting the post retiral benefits to the petitioner, the order of kramonnati has been withdrawn and the recovery ordered.

Challenging the aforesaid action, this writ petition has been filed.

Initially, a bench of this Court on 22.3.2010, dismissed the writ petition on the ground that the recovery was proper and the employee is not entitled to the said benefit.

However, while doing so, the learned Single Judge did not take note of the judgment rendered in the case of Sahib Ram versus State of Haryana and others 1995 Supp.

(1) SCC 1.with regard to the recovery to be effected and also the fact with regard to employee's entitlement to count his services rendered in the Land Army after he was absorbed in the Tribal Department.

Challenging the aforesaid order, petitioner has filed a writ appeal being W.A.No.886/2010 and the same was decided by the Division Bench vide order dated 21.4.2011 and the Division Bench of this Court found that the recovery of the amount already granted is contrary to the law laid down in the case of Sahib Ram (Supra) and, thereafter, taking note of the judgment rendered by this Court in the case of State of M.P.and others versus Smt.

Jamwanti Gujral 2003 (3) MPHT 6 (NOC).allowed the writ appeal in part and quashed the order so far as it relates to the recovery and benefit granted.

However, the respondents did not restore the benefit granted, it seems that the petitioner again filed a Review Petition being R.P.No.489/2011 before the Division Bench and in the said review petition, brought to the notice of this Court two orders passed by the State Government.

These orders were dated 22.7.2000 and 24.11.1992 so also another order dated 6.10.1998.

In these ordeRs.the State Government had directed that when an employee working in the Land Army is absorbed in any other department, the services rendered by him in the Land Army would be counted for the purpose of service with the State Government.

Taking note of all these averments, the matter has been remanded back by the Division Bench vide order passed in R.P.No.489/2011 to consider the additional documents filed and to take a decision again with regard to withdrawal of the earlier kramonnati granted to Shri Ashok Kumar Sharma on 14.11.1998.

Having heard learned counsel for the parties and on perusal of the records, it is seen that Late Shri Ashok Kumar Sharma was working in the Land Army and after his services were absorbed in the Tribal Department, counting the services rendered by him in the Land Army, he was granted kramonnati in the Higher Pay Scale i.e.`5000-150-8000/- vide order dated 22.7.2000.

While doing so, action is taken by the departmental authority keeping in view the circular dated 24.7.1992 and another circular and order passed with regard to counting the past service of Shri Ashok Kumar Sharma on 6.10.1998.

Admittedly, it is found by the Division Bench in the review petition that the employee concerned Shri Ashok Kumar Sharma was absorbed in the Tribal Department, the officer concerned granted the kramonnati after taking note of the past service rendered by the petitioner in the Land Army and the policy of the Government.

In the reply, that was filed by the respondents in the review petition i.e.R.P.No.489/2011, in Para-2 of the reply, respondents admit these factors and it is also stated that as per the GAD circular issued vide Annexure-R2 dated 24.11.1992, the benefit of past service is to be granted to persons who were earlier working in the Land Army.

Accordingly, it is a case where the kramonnati, correctly granted to the employee concerned after counting his services rendered by him in the Land Army is being withdrawn only because some objections were raised by the Treasury Officer after death of the employee.

From the aforesaid, it is clear that the kramonnati was correctly granted to Shri Ashok Kumar Sharma and withdrawal of the same on the ground that the past service of the petitioner cannot be counted is not sustainable as it is not as per the policy & circular of the Government and, therefore, this petition has to be allowed.

Accordingly, this petition is allowed, the entire order dated 13.5.2005 is quashed and respondents are directed to restore to the petitioner all the benefits to which she would be entitled to after treating her husband to be in the pay scale of `5000-150-8000/- granted vide order dated 14.11.1998 and after granting him pay fixation, the pension and other post retiral dues be restored.

As far as the, refund of the amount is concerned, the Division Bench has already ordered for refund of the aforesaid amount and, therefore, no directions are necessary in this regard.

Accordingly, this petition is allowed and disposed of.

Certified Copy as per rules.

(Rajendra Menon) Judge nd