IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,

CHIEF JUSTICE

&

HON'BLE SHRI JUSTICE VINAY SARAF

th

ON THE 8 OF JANUARY, 2026 WRIT APPEAL No. 2780 of 2025

THE STATE OF MADHYA PRADESH AND OTHERS

Versus

RAM KUMAR SHARMA (DECEASED) THROUGH LRS USHA

SHARMA AND OTHERS

Appearance:

Shri Bramhadatt Singh - Additional Advocate General for the

appellants/State.

ORDER (Kramonnati) with consequential benefits and interest. The respondent was appointed as Constable in Special Armed Forces on 06.11.1966. An option was given to the Constables to appear in written examination for the post of Male Nurse in Police Hospital and the respondent opted for appearance in written examination and was successful in the examination conducted by the Department of Police on the post of Male Nurse. Thereafter, he executed an agreement and was appointed as Male Nurse on 06.08.1973. There was no channel of promotion on the post of Male Nurse. Vide notification dated 17.03.1999 the State Government introduced the Kramonnati Scheme for those employees, who have not been given the benefit of promotion within first 12 years of their service and thereafter within further 12 years from the date of completion of first 12 years. Meaning thereby, if the employee has not been extended the benefit of promotion or financial upgradation, he would be entitled for first Kramonnati after 12 years and second Kramonnati after 24 years. The respondent was appointed on the post of Male Nurse and there was no promotion, therefore, he claimed the benefit of Kramonnati. By order dated 20.06.2000, the respondent was extended the Kramonnati, however, he was entitled for 2 Kramonnati and therefore after submitting the request letters, representations, he preferred the subject writ petition before this Court.

Per: Hon'ble Shri Justice Vinay Saraf

Instant intra-court appeal is preferred by the State being aggrieved by

the order dated 20.03.2024 passed by learned Single Judge in Writ Petition No.5955/2009; whereby the writ petition preferred by the respondent was

allowed.

2 . Along with the writ appeal, I.A.No.18491/2025 is filed for

condonation of delay of 458 days occurred in filing the instant appeal.

3. Short facts of the case are that respondent Ram Kumar Sharma filed

a writ petition under Article 226 of Constitution of India seeking direction to the State of Madhya Pradesh to fix the salary as well as the pensionary benefits by extending the benefit of 2 time scale financial upgradation

4 . Heard Shri Bramhadatt Singh, Additional Advocate General on I.A.No.18491/2025 as well as on the question of admission.

5. The prayer of the respondent for grant of second Kramonnati was declined by the department on the ground that first Kramonnati was extended to him on 01.01.1986. When the learned writ court by order dated 24.01.2024 directed the Superintendent of Police, Chhindwara to file his personal affidavit to bring on record as to under which policy or circular, the respondent was granted the benefit of Kramonnati w.e.f. 01.01.1986. An affidavit dated 29.01.2024 was filed by the Superintendent of Police, Chhindwara, wherein he had admitted that there was no such policy or circular in force on 01.01.1986 and therefore by mistake an entry/endorsement for grant of time scale benefit w.e.f. 01.01.1986 was made in the service book of the respondent.

6. Considering the same, learned Single Judge directed to extend the benefit of first and second Kramonnati from due date to the petitioner along with arrears and consequential benefits and interest @ 8% per annum from the date when the respondent became entitled till the date of actual payment and the petition was allowed with costs.

7. So far as the merits of the case are concerned, it is not in dispute that the respondent was entitled for 2 time scale financial upgradation and was extended only one, as admitted by the Superintendent of Police in his affidavit, therefore, we are in full agreement with the findings recorded b