Madhya Pradesh High Court
Ajeet Kumar Pandey vs The State Of Madhya Pradesh on 21 April, 2022
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 21st OF APRIL, 2022
WRIT PETITION No. 18389 of 2019
Between:-
1. AJEET KUMAR PANDEY S/O SHRI CHANDRA
SHEKHAR PANDEY , AGED ABOUT 52 YEARS,
OCCUPATION: LINE HELPER, M.P. PURVA
KSHETRA VIDYUT VITRAN COMPANY LTD.
UNDER EXECUTIVE ENGINEER, (ENFORCEMENT
DIVISION) PREM NAGAR SATNA, DISTRICT SATNA
(M.P.) (MADHYA PRADESH)
2. TULSIDAS PATHAK S/O MAHESH PRASAD PATHAK
, AGED ABOUT 53 YEARS, OCCUPATION: OFFICE
ASSISTANT GRADE III M.P. PURVA KSHETRA
VIDYUT VITRAN COMPANY LTD. OFFICE OF
JUNIOR ENGINNER DISTRIBUTION CENTRE
RAMNAGAR UNDER EXECUTIVE ENGINNER (O
AND M DIVISION) AMARPATAN (MADHYA
PRADESH)
3. RAMANUJ PATEL S/O RAMKARAN PATEL , AGED
ABOUT 52 YEARS, OCCUPATION: ASSISTANT
LINEMAN M.P. PURVA KSHETRA VIDYUT VITRAN
COMPANY LTD. OFFICE OF JUNIOR ENGINNER
DISTRIBUTION CENTRE RAMNAGAR UNDER
EXECUTIVE ENGINNER (O AND M DIVISION)
AMARPATAN (MADHYA PRADESH)
4. AWADESH PRASAD PANDEY S/O LATE
RAMESHWAR PRASAD PANDEY , AGED ABOUT 55
YEARS, OCCUPATION: ASSISTANT LINEMAN M.P.
PURVA KSHETRA VIDYUT VITRAN COMPANY LTD.
OFFICE OF JUNIOR ENGINNER DISTRIBUTION
CENTRE RAMNAGAR UNDER EXECUTIVE
ENGINNER (O AND M DIVISION) AMARPATAN
(MADHYA PRADESH)
5. BABULAL PATEL S/O LATE RAMAI PRASAD , AGED
ABOUT 53 YEARS, OCCUPATION: ASSISTANT LINE
MAN M.P. PURVA KSHETRA VIDYUT VITRAN
COMPANY LTD. OFFICE OF JUNIOR ENGINEER
DISTRIBUTION CENTRE RAMNAGAR UNDER
EXEUTION ENGINEER (O AND M DIVISION)
AMARPATAN (MADHYA PRADESH)
6. BHOLA PRASAD SHUKLA S/O LATE BHISHM DEO ,
AGED ABOUT 57 YEARS, OCCUPATION: ASSISTANT
LINEMAN M.P. PURVA KSHETRA VIDYUT VITRAN
COM.LTD OFFICE OF JUNIOR ENGINEER
DISTRIBUTION CENTRE RAMNAGAR UNDER
EXEUTION ENGINEER (O AND M DIVISION)
AMARPATAN (MADHYA PRADESH)
Signature Not Verified
SAN
7. SOBHNATH PATEL S/O LATE HANUMAN PRASAD ,
Digitally signed by VINAY KUMAR
BURMAN
AGED ABOUT 59 YEARS, OCCUPATION: HELPER
Date: 2022.04.23 15:46:44 IST
M.P. PURVA KSHETRA VIDYUT VITRAN COM.LTD
2
OFFICE OF JUNIOR ENGINEER DISTRIBUTION
CENTRE RAMNAGAR UNDER EXEUTION
ENGINEER (O AND M DIVISION) AMARPATAN
(MADHYA PRADESH)
8. LALMANI PATEL S/O DEENBANDHU PATEL , AGED
ABOUT 55 YEARS, OCCUPATION: HELPER M.P.
PURVA KSHETRA VIDYUT VITRAN COM.LTD
OFFICE OF JUNIOR ENGINEER DISTRIBUTION
CENTRE RAMNAGAR UNDER EXEUTION
ENGINEER (O AND M DIVISION) AMARPATAN
(MADHYA PRADESH)
9. BALENDRA SINGH S/O LATE RAGHAV BHAN ,
AGED ABOUT 52 YEARS, OCCUPATION: HELPER
M.P. PURVA KSHETRA VIDYUT VITRAN COM.LTD
OFFICE OF JUNIOR ENGINEER DISTRIBUTION
CENTRE RAMNAGAR UNDER EXEUTION
ENGINEER (O AND M DIVISION) AMARPATAN
(MADHYA PRADESH)
10. VIRENDRA DWIVEDI S/O RAMBALI , AGED ABOUT
51 YEARS, OCCUPATION: HELPER M.P. PURVA
KSHETRA VIDYUT VITRAN COM.LTD OFFICE OF
JUNIOR ENGINEER DISTRIBUTION CENTRE
RAMNAGAR UNDER EXEUTION ENGINEER (O
AND M DIVISION) AMARPATAN (MADHYA
PRADESH)
11. SHEETLA PRASAD TIWARI S/O RAMAYAN PRASAD
TIWARI , AGED ABOUT 52 YEARS, OCCUPATION:
HELPER M.P. PURVA VIDYUT VITRAN COM.LTD
OFFICE OF JUNIOR ENGINEER DISTRIBUTION
CENTRE RAMNAGAR UNDER EXEUTION
ENGINEER (O AND M DIVISION) AMARPATAN
(MADHYA PRADESH)
12. MAHESH PRASAD PATEL S/O LATE JAGADEO
PATEL , AGED ABOUT 55 YEARS, OCCUPATION:
HELPER M.P. PURVA KSHETRA VIDYUT VITRAN
COM.LTD OFFICE OF JUNIOR ENGINEER
DISTRIBUTION CENTRE RAMNAGAR UNDER
EXEUTION ENGINEER (O AND M DIVISION)
AMARPATAN (MADHYA PRADESH)
13. AMRIT SINGH BAIS S/O VANSHPATI SINGH , AGED
ABOUT 60 YEARS, OCCUPATION: HELPER M.P.
PURVA KSHETRA VIDYUT VITRAN COM.LTD
OFFICE OF JUNIOR ENGINEER DISTRIBUTION
CENTRE RAMNAGAR UNDER EXEUTION
ENGINEER (O AND M DIVISION) AMARPATAN
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJEET KUMAR SINGH, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
Signature Not Verified
SAN
PRINCIPAL SECRETARY ENERGY DEPARTMENT
Digitally signed by VINAY KUMAR
BURMAN VALLABH BHAWAN, BHOPAL M.P. (MADHYA
Date: 2022.04.23 15:46:44 IST
PRADESH)
3
2. MANAGING DIRECTOR POORVA KSHETRA
VIDYUT VITRAN CO. LTD. SHAKTI BHAWAN
RAMPUR JABALPUR (MADHYA PRADESH)
3. MANAGING DIRECTOR M.P. POWER
MANAGEMENT COMPANY LIMITED SHAKTI
BHAWAN RAMPUR JABALPUR (MADHYA
PRADESH)
4. CHIEF GENERAL MANAGER POORVA KSHETRA
VIDYUT VITRAN CO. LTD. SHAKTI BHAWAN
RAMPUR JABALPUR (MADHYA PRADESH)
5. CHIEF GENERAL MANAGER (H.R.AND A) M.P.
POWER MANAGEMENT COMPANY LIMITED
SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA
PRADESH)
6. SUPERINTENDING ENGINEER (O AND M) CIRCLE
SATNA POORVA KSHETRA VIDYUT VITRAN CO.
LTD. PREM NAGAR SATNA (MADHYA PRADESH)
7. EXECUTIVE ENGINEER POORVA KSHETRA
VIDYUT VITRAN CO. LTD. PREM NAGAR SATNA
(MADHYA PRADESH)
8. EXECUTIVE ENGINEER POORVA KSHETRA
VIDYUT VITRAN CO. LTD. DIVISION AMARPATAN,
(MADHYA PRADESH)
9. COMMISSIONER (EMPLOYEE PROVIDENT FUND)
SCHEME NO.5 VIJAY NAGAR JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI MANHAR DIXIT, LEARNED PANEL LAWYER FOR THE
RESPONDENT NO.1/STATE)
(BY SHRI AMAL PUSHP SHROTI, LEARNED COUNSEL FOR THE
RESPONDENT NO.2, 4, 6 TO 8)
(BY SHRI JAI KUMAR PILLAI, LEARNED COUNSEL FOR THE
RESPONDENT NO.9)
This petition coming on for admission and I.R. this day, the court passed
the following:
ORDER
The present petition has been filed under Article 226 of the Constitution of
India, the petitioner is seeking following reliefs :-
(i) It is, therefore, prayed that this Hon'ble Court may kindly
be pleased to quash the impugned orders dated 18-06-2014
(Annexure P-1) and order dated 15-12-14 (Annexure P-2) so far as it
Signature Not Verified
relates to the denial of arrears of salary and denial of benefits of
SAN
Digitally signed by VINAY KUMAR
pension and respondents be directed to give the benefits of first and
BURMAN
Date: 2022.04.23 15:46:44 IST
second higher pay scale to the petitioners by counting their previous
service from the date of their entitlement with all service benefits
including arrears
(ii) Respondents be further directed to give the benefits of
Pay Regulations, 2001 as well as benefits of 6th Pay Commission
w.e.f.01-01-2006. The respondents be further directed to pay dearness
allowance to the petitioners for the intervening period i.e.13-08-10 till
24-01-2013 with interest and arrears.
(iii) This Hon'ble Court be further pleased to pass any such
other orders as this Hon'ble Court may deem fit under the
circumstances of the case.
So far as first relief is concerned, it is an admitted position that this issue is
no more res integra. The same is covered by a decision of Full Bench of this
Court in the case of Managing Director M.P. Poorv Kshetra Vidyut Vitran
Company Limited and Others Vs. Sita Ram Patel and others (2019) 4 MPLJ
367 wherein it is held as under:-
"In the light of the aforesaid facts and enunciation of law it is
stated, at the cost of repetition, that the terms and conditions of an
absorbed employee is governed by the terms and conditions of
absorption under a statute/rules/regulations/circular. As per clause (5) of
t h e terms and conditions of absorption, the pension/gratuity was
payable to the employees absorbed in the Board as per rules/regulations
of the society concerned and not of the Board. Further, the said
condition stands approved and affirmed as per paras 4 and 17 of the
judgment passed by the Apex Court in Panchraj Tiwari (supra) as well
as the observations made in the case of Brijendra Singh Kushwaha
(supra) and Uma Shankar Dwivedi (supra). In none of the cases it was
decided that erstwhile employees of the society shall be entitled for
pension as per rules/regulations of the Board. Thus the Division Bench
of this Court in Bijali Karmchari Sangh case has not laid down the
correct law and the respondents who are the employees of the erstwhile
Signature Not Verified
SAN
Digitally signed by VINAY KUMAR
BURMAN
Date: 2022.04.23 15:46:44 IST
RECS shall be governed by the terms and conditions of the absorption
which provide for payment of pension/gratuity as per rules and
regulations of the society concerned and not of the Board and,
therefore, they shall not be entitled to the benefit of pension at par with
the employees of the Board."
In view of the aforesaid Full Bench decision, the petitioner is not entitled to
count the past services for the purpose of computation of pension and other
benefits. So far as relief No.2 is concerned, the petitioner has approached this
Court directly without even filing representation before the competent authority. In
such circumstances, this Court is not inclined to dwell upon the issue with regard
to leave encashment and other reliefs claimed. However, the petitioner would be at
liberty to file a fresh representation in respect of leave encashment and other
benefits before the competent authority who may decide the same in accordance
with the terms and conditions of the absorption as expeditiously as possible.
Learned counsel for the petitioner pointed out that SLP No. 5632-5653/2020
is pending before the Apex Court and the issue raised herein has not attained
finality.
In view of the above existing scenario, this Court deems it appropriate to
dispose of the matter with the observation that the issue pending before the
Supreme Court if decided in favour of the petitioners and if the petitioners are
found entitled for the benefit then the same should be extended to the petitioners.
For this purpose, the petitioner would not be required to reproach this Court.
With the aforesaid observation, this petition stands disposed of.
(S. A. DHARMADHIKARI)
JUDGE
vinay*
Signature Not Verified
SAN
Digitally signed by VINAY KUMAR
BURMAN
Date: 2022.04.23 15:46:44 IST
