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HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, J
Vishambharnath Mishra – Appellant
Versus
State Of Chhattisgarh – Respondent
| 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 :
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.
"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.
10.3 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.
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 Kramonna
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.
Contingency paid employees are entitled to similar treatment as work charged employees under the statutory rules, and parity in employment must be maintained.
The court directed the petitioner to resubmit a detailed representation to the respondent No. 3 within a period of seven working days along with all the relevant documents and a copy of the order. Th....
The court ruled that Shiksha Karmis cannot claim government employee benefits until absorption into state service, holding that prior service does not fulfill eligibility criteria for kramonnati unde....
The recovery of benefits from a retired employee and the entitlement to pay scale benefits should be in accordance with the promotional criteria and legal provisions, and recovery from a retired empl....
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