ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following relief:

2. It is submitted by counsel for petitioner that petitioner, after serving for 30 years, was superannuated on 30.09.2020. By order dated 13.03.2018, third Kramonnati was sanctioned. However, by order dated 05.10.2019, said order was withdrawn on the ground that petitioner had forgone the promotion to the post of Pradhanadhyapak, Middle School. It was also observed that excess payment made to petitioner on account of third Kramonnati be recovered. It is submitted by counsel for petitioner that Kramonnati is a separate independent cause of action and has nothing to do with refusal to take any promotion. Thus, the refusal to grant third Kramonnati is bad in law.

3. Heard learned counsel for the petitioner. The moot question for consideration is that when an employee refuses to accept promotion, then whether he is still entitled to financial upgradation/Kramonnati or not ?

4. The Supreme Court in the case of Union of India and others Vs. Manju Arora and another by judgment dated 3/1/2022 passed in Civil Appeal No.7027- 7028/2009 has held as under:-

“11. As can be seen, the benefi