Smt. Rambai vs The State Of Madhya Pradesh
2023 Latest Caselaw 2797 MP

                                                                      1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                               WP No. 2274 of 2023
                                                (SMT. RAMBAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                  Dated : 15-02-2023
                                        Shri Ajeet Kumar Singh - Advocate for the petitioner.

                                        Smt. Swati Aseem George - Panel Lawyer for the respondents.

petitioner's contention is that this is second round of litigation. Petitioner had earlier filed W.P. No.14594/2014 and other connected matters which were disposed of by a Coordinate Bench of this Court vide order dated 03/04/2019

thereby issuing the following directions :

"In view of the foregoing analysis, these batch of petitions are disposed of with following directions:

(i) The petitioners may claim and shall be entitled to get the pay scale prescribed in the Regulations of 2001 provided their cases are covered by Para 4 of the order passed by the Supreme Court in the case of Uma Shankar

Dwivedi (supra). If their cases are covered, the petitioners may file applications claiming the said benefits and if they are similar qua the employees of Manawar Society and their cases are covered by Para 4 of the judgment of Uma Shankar Dwivedi (supra), it shall be the duty of the respondents to extend the similar benefit of pay scale to the petitioners from due date.

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.02.16 16:47:57 IST (ii) The petitioners are entitled to get the benefit of

6th Pay Commission in terms of revised pay scale. If the revised pay scale has not been given to the petitioners as per the recommendation of 6th Pay Commission, it shall be the duty of the respondents to extend the same from due date with arrears.

(iii) The previous service rendered in the society shall not be counted for the purpose of grant of higher pay scale/financial up-gradation.

(iv) The petitioners shall be entitled to get the benefit of pensionary scheme and other fringe benefits,

which are applicable for the employees of M.P.S.E.B. as per the judgment of Indore Bench in W.A. No.334/2015 (M.P. State Electricity Board (Now known as M.P. Paschim Kshetra Vidhyut Vitran Company Ltd. Indore) Vs. Bijali Karmchari Sangh).

(v) The petitioners shall get the benefits mentioned in Clause (4) of the order dated 15.12.2014 (Annexure- P/1) from the date of their absorption.

(vi) The entire exercise be completed within six months from the date of completion of formalities by the petitioners for grant of aforesaid benefits.

(vii) The petitioners are at liberty to file separate proceedings for other reliefs which have not been pressed Signature Not Verified SAN

and decided in the present petitions."

Digitally signed by TULSA SINGH Date: 2023.02.16 16:47:57 IST

This order was put to challenge by the respondents by filing several writ appeals. Vide order dated 30/08/2019. Vide order dated 30/08/2019 Hon'ble Division Bench upheld all the other relief except one contained in para-32(iv) of the impugned order which was set aside.

Thereafter petitioners had filed contempt petitions which came to be disposed by Single Bench of this Court by order dated 08/07/2022 dismissing the contempt petitions and recording an incorrect finding in para-13 that benefit of arrears of pay of 6th and 7th Pay Commission was already extended to the petitioners by order dated 05/12/2018. The fact of the matter is that there is no such material on record to substantiate this finding of Coordinate Bench passed in contempt petitions. Thereafter petitioner had filed R.P. No.937/2022 but that too came to be disposed of without undertaking actual exercise of determining whether benefit was actually paid or not. Therefore, now this is another round of litigation.

Issue notice to the respondents, on payment payment of process fee within seven days by registered AD post to file copy of orders by which they had actually extended the benefits of 6th and 7th Pay Commission recommendations in favour of the petitioners, failing which, this Court may have to issue notice for committing contempt of the earlier orders of this Court.

Notice be made returnable in week commencing 27th March, 2023.

(VIVEK AGARWAL) JUDGE

ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.02.16 16:47:57 IST