Suresh Kumar Prajapati vs Managing Director
2022 Latest Caselaw 5819 MP

                                                                   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. 12343 of 2020

                                          Between:-
                                          SURESH KUMAR PRAJAPATI S/O LATE SHRI
                                          PARMANAND , AGED ABOUT 61 YEARS,
                                          OCCUPATION: OFFICE ASSISTANT GR.III M.P.
                                          PURVA KSHETRA VIDYUT VITRAN COM.LTD.
                                          UNDER    EXECUTIVE ENGINEER     (OANDM)
                                          DIVISION BANDA (BELAI) DISTT. SAGAR M.P.
                                          (MADHYA PRADESH)

                                                                                              .....PETITIONER
                                          (BY SHRI AJEET KUMAR SINGH, LEARNED COUNSEL FOR THE
                                          PETITIONER)

                                          AND

                                  1.      MANAGING DIRECTOR M.P. PURVA KSHETRA
                                          VIDYUT VITRAN COM. LTD. SHAKTI BHAWAN,
                                          RAMPUR JABALPUR MP. (MADHYA PRADESH)

                                  2.      CHIEF GENERAL MANAGER (HR AND A) MP
                                          PURVA KSHETRA VIDYUT VITRAN CO.LTD.
                                          BLOCK NO. 7 SHAKTI BHAWAN RAMPUR
                                          (MADHYA PRADESH)

                                  3.      MANAGING     DIRECTOR   MP    POWER
                                          MANAGEMENT CO. SHAKTI BHAWAN RAMPUR
                                          (MADHYA PRADESH)

                                  4.      CHIEF ENGINEER (SAGAR REGION) MP PURVA
                                          KSHETRA VIDYUT VITRAN CO.LTD. MAKRONIYA
                                          SAGAR (MADHYA PRADESH)

                                  5.      EXECUTIVE ENGINEER MP PURVA KSHETRA
                                          VIDYUT VITRAN CO.LTD. (O AND M) DIVISION
                                          BANDA (BELAI) (MADHYA PRADESH)

                                  6.      COM M ISSIONER EMPLOYEE PROVIDENT FUND
                                          SINGHAI BUILDING CIVIL LINES     SAGAR
                                          (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                                          (BY SHRI MANHAR DIXIT, LEARNED PANEL LAWYER FOR THE
                                          RESPONDENT/STATE)
                                          (BY SHRI AMAL PUSHP SHROTI, LEARNED COUNSEL FOR THE
                                          RESPONDENT NOS. 1 TO 5)
                                          (BY SHRI JAI KUMAR PILLAI, LEARNED COUNSEL FOR THE
                                          RESPONDENT NO.6)

Signature Not Verified
  SAN                                   T h is petition coming on for admission this day, the court passed the
Digitally signed by VINAY KUMAR
BURMAN
                                  following:
Date: 2022.04.23 15:46:43 IST

                                                                    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 direct the respondents to convert their EPF accounts into

the GPF accounts so that the petitioner will get the benefits of pension at par with the original employees of the Board and all their retiral benefits at par with the original employees of the Board.

(ii) This Hon'ble Court be further pleased to direct the respondents to extend the benefit of 1st, 2nd & 3rd Higher Pay Scale by counting his previous services with 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 Signature Not Verified SAN decided that erstwhile employees of the society shall be entitled for Digitally signed by VINAY KUMAR BURMAN pension as per rules/regulations of the Board. Thus the Division Bench Date: 2022.04.23 15:46:43 IST

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 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 15:46:43 IST