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Judgment
Prashant Kumar Mishra, J
The petitioner has prayed for issuance of appropriate writ, order or direction, commanding the respondents to grant her time bound enhanced pay
scale with effect from June, 1996 in accordance with the State Government's circular dated 17.3.99/ WPS No. 2378 of 2008 19.4.99 (AnnexureÂ‐
P/6).
The petitioner was working in the Department of Tribal Welfare. She has retired as Principal of Government Higher Secondary School, Gariyaband
on 31.8.2007. She was not allowed benefit of Kramonnati in terms of the State Government's circular dated 17.3.99/19.4.99 and she continued to
work on the same pay scale for 12 years or more. She received only 2 promotions, first in the year 1984 and thereafter in 2007. She was entitled for
first Kramonnati after 12 years of her service and thereafter second Kramonnati after completion of 24 years of service.
In the return filed by the respondents, the only defence taken is that the State Government has issued instructions on 21.8.2003 that the persons
whose pension has been finalized, their cases would not be reÂopened for consideration of time bound enhancement in pay scale. Hence her pension
having already been finalized on 31.3.2008, she is not entitled for consideration of grant of Kramonnati.
The petitioner would place before this Court the State Government's subsequent circular dated 11.1.2010, which is made part of record of the writ
petition, providing that such Government servants, who were entitled for Kramonnati upon completion of 12 years and 24 years service while they
were in WPS No. 2378 of 2008 service, are entitled to benefit of Kramonnati even after retirement and in such cases, their pension shall be revised
after allowing Kramonnati.
In view of the circular dated 11.1.2010, the only defence raised in the return does not survive for consideration.
The Writ Petition deserves to be and is hereby allowed directing the respondents to pass necessary orders for allowing benefit of Kramonnati to the
petitioner in accordance with the State Government's circular dated 17.3.99/19.4.99. If she is found eligible for such grant, her pension shall be revised
in accordance with the circular dated 11.1.2010. The decision shall be taken by the Government within a period of 3 months from today and thereafter
arrears shall be paid and pension shall be revised within next 3 months.