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2025 Supreme(Chh) 201
HIGH COURT OF CHHATTISGARH AT BILASPUR
HON'BLE SMT. JUSTICE RAJANI DUBEY, J
Vishambharnath Mishra, S/o Shri Ramkishun Mishra – Appellant
Versus
State Of Chhattisgarh Through Secretary, School Education Department - Respondents
WPS No. 3502 of 2015
Decided on : 06-03-2025
Advocate Appeared:
For the Appellant :Mr. Dhaniram Patel, Advocate
For the Respondent: Mr. Devesh G. Kela, Panel Lawyer
The court ruled that entitlement to Kramonnatti benefits is not affected by prior promotions, but claims must be filed timely to avoid dismissal on grounds of delay.
Headnote:
(A) Service Law - Kramonnatti Scheme - Circulars dated 3.10.2008 and 11.1.2010 - Denial of 2nd Kramonnatti benefit to retired Head Master on grounds of prior promotion - Supreme Court precedent in State of Tripura Vs. KK Roy, AIR 2004 SCW 01, mandates benefits for eligible employees regardless of promotions - Petitioner retired in 2002, claimed entitlement based on service duration - Respondents argued delay and laches in filing petition - Court found no merit in petitioner's claims due to prior promotions and applicable circulars. (Paras 2, 3, 4, 10, 11)
(B) Delay and Laches - Court emphasized that claims based on parity cannot be entertained if delayed, referencing SS Balu and Bhakar Beas Management Board cases. (Paras 4, 5)
Facts of the case:
The petitioner, a retired Head Master, sought 2nd Kramonnatti benefits after retirement, citing state circulars and Supreme Court rulings. The respondents denied the claim based on the petitioner's prior promotions and delay in filing.
Findings of Court:
The court upheld the denial of benefits, stating the petitioner was not entitled due to prior promotions and the applicable rules.
Issues: The main issues were the interpretation of circulars regarding Kramonnatti benefits and the impact of delay in filing the petition.
Ratio Decidendi: The court ruled that the petitioner was not entitled to benefits due to prior promotions and the relevant circulars, emphasizing the importance of timely claims.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioner's counsel argues (Para 3) |
| 2. respondents argue delay (Para 4) |
| 3. respondents argue merits (Para 5) |
| 4. petitioner's rejoinder (Para 6) |
| 5. court reviews case (Para 7) |
| 6. court notes promotions (Para 8 , 9 , 10) |
| 7. court's ruling on benefits (Para 11) |
ORDER :
(Rajani Dubey, J.)
Challenge in this petition is to the order dated 13.8.2015 (Annexure P/1) issued by respondent No.5/District Education Officer, Mungeli whereby the petitioner has been denied benefit of 2nd Kramonnatti on the ground that he has already been promoted while he was in service.
02. Case of the petitioner, in brief, is that the petitioner retired in the year 2002 after attaining the age of superannuation from the post of Head Master. As per Circular dated 3.10.2008 (Annexure P/3), the State Government issued direction for giving benefit of 1st and 2nd Kramonnatti to the employees who have completed 12 & 24 years of service. Again the State issued a Circular dated 11.1.2010 (Annexure P/4) whereby it was directed to the concerned department to give benefit of 1st and 2nd Kramonnatti to the retired/dead employees who were entitled and were not given the said benefit. While considering this issue, the Hon'ble Supreme Court in the matter of State of Tripura Vs. KK Roy , AIR 2004 SCW 01 , held that the employees should have been given benefit of two upgraded pay scale, first after completing 12 years of service and the second after completing 24 years of service. The petitioner had filed a writ petition i.e. WPS No.7641/2010 before this Court for seeking 2nd Kramonnatti on the basis of aforesaid circulars. However, vide order dated 3.1.2011 (Annexure P/5) the said petition was disposed of as withdrawn with liberty to the petitioner to make a representation before the concerned authority in light of the above judgment of the Hon'ble Supreme Court. In compliance of the said order, the petitioner made a representation before the concerned authority but it was not decided, hence legal notices were served on the respondent vide Annexure P/6 and P/7. Thereafter, by the impugned order dated 13.8.2015 (Annexure P/1) the petitioner was denied benefit of 2nd Kramonnatti on the ground that during service period, he was promoted. Hence this petition for the following relief:
"10.1 That, the Hon'ble Court may kindly be pleased to quash the impugned order dated 13.08.15 issued by the respondent no.4.
10.2 That, respondents further be directed to extend the benefits of 2nd kramonnati in light of circular issued by the state from time to time, within a reasonable time, as this court deems fit.
10.3 That, the Hon'ble Court further be pleased to direct the respondents to refix the pension of the petitioner after giving benefit as state above.
10.4 That, any other relief which the Hon'ble Court deems fit may kindly be granted."
03. Learned counsel for the petitioner would submit that the impugned order is illegal and arbitrary. Even if the petitioner was promoted during service period, he is eligible for grant of 2nd Kramonnatti as per amendment made in the scheme in the year 1984 (Annexure P/8). The services of the petitioner are governed by the old circular as he was entitled for 2nd Kramonnatti way back in the year 1984 after completion of 24 years of service and therefore, the impugned order is contrary to the circulars issued by the State in this regard. Respondent No.4 has wrongly interpreted the circular of the year 1999 whereas the earlier circular clearly says about extension of benefit of Kramonnatti even to those who have been promoted. In a writ petition involving identical issue i.e. WP No.2805/2002 parties being RS Verma Vs. State of CG and others, this Court vide order dated 29.8.2006 has granted increment to the petitioner and cost has also been imposed on the respondents vide Annexure D/1. For all these reasons, the impugned order is liable to be set aside and the petitioner deserves to be granted the relief claimed in this petition.
04. On the other hand
