Bhavesh Dhawne vs State of M.P. & Ors.

In this petition filed under Article 226 of the Constitution, the petitioner has prayed a declaration that he is entitled to get benefit of kramonnati from due date like similarly situated persons.

During the course of argument, learned counsel for the parties fairly submitted that the point involved in this case has already been decided by this Court in Writ Petition No.1070/2003 (K.L. Asre Vs. State of Madhya Pradesh). It is agreed that in view of the judgment, the employees working in work charge establishment are also entitled to get benefit of kramonnati.

Resultantly, the petition deserves to be allowed. Respondents are directed to consider the claim of the petitioner for grant of kramonnati from due date by applying the principles laid down in K.L. Asre (supra). The respondents shall consider and pass appropriate orders regarding the said claim within 90 days from the date of communication of this order. If petitioner is found suitable/eligible to get the said benefits, it shall be granted from due date with all consequential benefits arising thereto.

With the aforesaid observations, petition is allowed. No cost.