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Judgment
Accordingly, this petition on behalf of petitioner No.3 is dismissed as withdrawn.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"7.1. That, the respondents may kindly be directed to revise second time bound upgradation pay scale/ kramonnati from the due date i.e. 19.04.1999 within a stipulated period of one month with all consequential benefits.
2. That, the respondent may kindly be directed to provide all consequential benefits which is flouted away by not granting the second time bound upgradation/ kramonnati in time including pay fixation, arrears, post retiral and pensionary benefits etc., within a stipulated period of one month.
7.3. That, any other relief doing Justice into the matter including cost of petition, advocate fee etc. may also kindly be awarded to the petitioner."
It is submitted by the Counsel for the petitioners that although the respondents have granted the benefit of Second Kramonnati w.e.f. 1/8/2003 but in fact, they are entitled for Kramonnati after completing 24 years of service and thus, it is clear that Second Kramonnati has been granted belatedly. According to the petitioners, they were appointed on the dates as mentioned below:-
S.No
Name and Father Name
Date of Appointment
Date of Retirement
1
Dashrath Singh Kaurav S/o Shri Sury Singh Kaurav
25.09.1978
30.06.2019
2
Ram Preet Singh Gurjar S/o Shri AngAd Singh Gurjar
25.09.1978
3
Mahendra Singh Rajput S/o Shri Vaijnath Singh Rajput
25.09.1978
30.04.2016
4
Ranvijay Singh Yadav S/o Shri Mahendra Singh Yadav
25.09.1978
31.01.2019
5
Gambhir Singh Kushwah S/o Shri Matadeen Kushwah
25.09.1978
30.06.2015
6
Shiv Dayal Baghel S/o Shri Samal Baghel
25.09.1978
25.09.1978
It appears that the petitioners have not made any representation to the respondents for consideration of their demands and they have approached this Court directly.
Accordingly, this petition is disposed of with a liberty to the petitioners in case, if they file representation seeking their claims, then the said representation shall be decided by the respondents within a period of six months from the date of filing of representation and if it is found that the petitioners are not entitled for Second Kramonnati from an early date, then their representation may be decided by passing a speaking order.
A direction to decide the representation should not be construed as a direction to award the Second Kramonnati to the petitioners from an early date. The claims of the petitioners shall be decided strictly in accordance with law.
With aforesaid liberty, this petition so far it relates to petitioners No.1, 2 and 4 to 7 is finally disposed of.
Certified copy as per rules.