Rajya Parivahan Karamchari ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 2818 MP

                                                                       1                             WP-10862-2021
                                           The High Court Of Madhya Pradesh
                                                      WP-10862-2021
                                       (RAJYA PARIVAHAN KARAMCHARI MAHASANGH Vs THE STATE OF MADHYA PRADESH AND
                                                                       OTHERS)

                                   1
                                   Indore, Dated : 29-06-2021
                                         Shri Jagdish Baheti, learned counsel for the petitioner.
                                         Heard through Video Conferencing.
                                         Learned counsel for the petitioner has coined a fantastic proposition
                                   that the respondent/State Government should be directed to pay the revised

salary at par with the State Government employees to the employes of the Madhya Pradesh State Road Transport Corporation(for short MPSRTC hereinafter)[MPSRTC is under the process of liquidation] in terms of the agreement dated 30.02.1988 and the order of High Court dated 09.03.2017 by selling the assets of Corporation as the State Government is facing financial crunch. In fact the aforesaid agreement was the backbone of the submission of petitioner before the High Court. The High Court had also passed the order accepting the contention of the petitioner. However, Hon'ble Supreme Court while disposing of the SLP arising out of the aforesaid order of this

Court has observed as under:

"These are such matter which need not be detained in this COurt. It is not in dispute that financial constraint is fact by the M.P.State Road Transport Corporation and its winding up is taken up in a phased manner for the last several years.

In the circumstances, it would be for the State Government to consider the prayer made in the petition for extending the benefit of Fifth Pay Commission etc., if any.

We direct the State Government and the M.P. State Road Transport Corporation to take a considered decision, whether it would extend the benefit of Fifth Pay Commission, as prayed in the present petition, unfettered by the order passed by the High Court.

Let a considered decision be taken in this regard, at least for the Signature Not Verified SAN existing employees, within a period of six months.

Digitally signed by SEHAR HASEEN Date: 2021.06.30 16:20:09 IST 2 WP-10862-2021 The special leave petitions are, accordingly, disposed of. In view of the above, no impleadment is necessary. The application is, accordingly, disposed of.

Pending application(s), if any, shall stand disposed of."

In view of the aforesaid order, the contentions advanced are more of desperation than of substance as Hon'ble Supreme Court itself has ordered

that the State Government is free to take a decision unfettered by the order passed by High Court, nevertheless considered decision.

In the impugned order, the State Government has expressed its inability to pay revised pay at par with the State Government to the employees of the MPSRTC due to financial crisis.

Shri Baheti, learned counsel for the petitioner submits that MPSRTC has sufficient properties which may be sold for payment of revised salary as sought for. He submits that there are judgments in support of contentions raised by him and prays for time to place the same on record and address the aforesaid issue.

List the case after three weeks.

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.06.30 16:20:09 IST