Smt. Vakila Bano vs The Managing Director M.P. Road ...
2023 Latest Caselaw 4686 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 27 th OF MARCH, 2023
                                           WRIT PETITION No. 25598 of 2019

                           BETWEEN:-
                           1.    O.P. JAIN S/O SHRI HUKUMCHAND JAIN, AGED
                                 ABOUT 55 YEARS, OCCUPATION: VRS RETD. LDC
                                 R/O HOUSE NO. 111, PASHUPATINATH COLONY
                                 NEAR NEW AGRAWAL DHARAMSHALA AGAR
                                 MALWA (MADHYA PRADESH)

                           2.    HEMCHANDRA SINGH CHAUHAN S/O SHRI
                                 RANJEET SINGH CHAUHAN, AGED ABOUT 64
                                 YEARS, OCCUPATION: VRS RETIRED LDC FROM
                                 INDORE DIVISIONAL OFFICE ON 5.12.2009. R/O:
                                 HOUSE NO. 115 , ARYA SAMAJ MARG,
                                 BAHADURGANJ, UJJAIN (MADHYA PRADESH)

                                                                                .....PETITIONERS
                           (PETITIONERS PRESENT IN PERSON)

                           AND
                           1.    THE MANAGING DIRECTOR M.P. STATE ROAD
                                 TRANSPORT   CORPORATION H.O. HABIBGANJ
                                 BHOPAL (MADHYA PRADESH)

                           2.    THE   PRINCIPAL SECRETARY TRANSPORT
                                 D EPARTM EN T GOVERNMENT OF MADHAYA
                                 PRADESH, VALLABH BHAWAN , BHOPAL
                                 (MADHYA PRADESH)

                                                                               .....RESPONDENTS

(NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 27152 of 2019

BETWEEN:-

1. RAVIKANT KALE S/O SHRI RAMCHANDRA KALE, Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

AGED ABOUT 64 YEARS, OCCUPATION: VRS RETIRED 21, PRATAP NAGAR EXTENSION, NAGDA ROAD RATLAM (MADHYA PRADESH)

2. NITIN MULE S/O SHRI VASANT MULE, AGED ABOUT 53 YEARS, OCCUPATION: VRS RETIRED LDC FROM RATLAM DEPOT ON 31.08.2006 R/O: HOUSE 211, SHREE SADAN, GANDHI NAGAR, RATLAM (MADHYA PRADESH)

.....PETITIONERS (PETITIONERS PRESENT IN PERSON)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY TRANSPORT D EPARTM EN T GOVERNMENT OF MADHAYA PRADESH , VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1)

(SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 27160 of 2019

BETWEEN:-

1. ASHWANI KUMAR SHARMA S/O SHRI VITTHAL SHARMA, AGED ABOUT 61 YEARS, OCCUPATION: VRS RETIRED HOUSE NO. 22, SHANTI NAGAR COLONY, HARMALA ROAD RATLAM (MADHYA PRADESH)

2. GOVIND CHANDEL S/O SHRI RAMLAL JI CHANDEL, AGED ABOUT 56 YEARS, OCCUPATION: VRS RETIRED CONDUCTOR FROM UJJAIN ON 28.02.2006 HOUSE NO. 65, VIVEKANAND NAGAR, AGAR MALWA (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

1. THE MANAGING DIRECTOR MP ROAD TRANSPORT CORPORATION HO HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY DEPARTMENT OF T R A N S P O R T VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5172 of 2020

BETWEEN:-

1. RAMSWAROOP SHARMA S/O KANHAILAL SHARMA, AGED ABOUT 62 YEARS, OCCUPATION: VRS RETD WARD NO.2, NEAR OLD POLICE STATION TEH. JEERAN (MADHYA PRADESH)

2. OM PRAKASH SHARMA S/O SHRI BABULAL SHARMA, AGED ABOUT 64 YEARS, OCCUPATION: VRS RETIRED DRIVER (I) FROM NEEMUCH DEPOT OF MPRTC ON 15.04.2006 VILLAGE AND P.O. CHITAKHEDA NAION DIST. NEEMUCH (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY TRANSPORT D EPARTM EN T THE GOVERNMENT OF MP VALLABH BHAWAN (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5175 of 2020 Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

BETWEEN:-

1. DAYANAND MISHRA S/O RAM ASHRAY MISHRA, AGED ABOUT 69 YEARS, OCCUPATION: VRS RETIRED SHIV MANDIR AT ROADWAYS BUS STAND AT NEEMUCH (MADHYA PRADESH)

2. HAMID AKHTAR MANSOORI S/O JAHANGIR KHAN MANSOORI, AGED ABOUT 48 YEARS, OCCUPATION: VRS RETIRED JOBKEEPER FROM NEEMUCH DEPOT OF MPRTC ON 31.0732006 HOUSE NO. B-14 WARD NO. 7 SHANTI NAGAR BEHIND NARSINGH MANDIR DIST. NEEMUCH (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5209 of 2020

BETWEEN:-

1. MOHD. SALIM S/O SULEMAN SALIM, AGED ABOUT 74 YEARS, OCCUPATION: VRS RETIRED BOOKING AGENT FROM BARWANI DEPOT OF MPRTC WARD NO. 11, AZAD PATH, MARU MOHALLA, BEHIND CIVIL HOSPITAL, TEHSIL ANJAD, DIST. BARWANI (MADHYA PRADESH)

2. SADIQ KHAN S/O ABDUL MAJID, AGED ABOUT 60 YEAR S , OCCUPATION: VRS RETIRED DRIVER FROM BARWANI DEPOT OF MPRTC ON 28.02.2006 WARD NO. 11 AZAD PATH MARU MOHALLA BEHIND CIVILI HOSPITAL TEH. ANAJAD DIST. BARWANI (MADHYA PRADESH) Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION MANAGING DIRECTOR H.O. HABIBGANJ, BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5212 of 2020

BETWEEN:-

1. BANSHILAL SHARMA S/O CHAGANLAL SHARMA, AGED ABOUT 61 YEARS, OCCUPATION: VRS RETIRED HOUSE NO.401, WARD NO.8, NEAR KACHAWA TEMPLE POST BHATKHEDI TEH. MANASA (MADHYA PRADESH)

2. NANURAM SHARMA S/O DALUJI SHARMA, AGED ABOUT 70 YEARS, OCCUPATION: SUPERNANUATED DRIVER FROM NEEMUCH

HOUSE NO. 8 GALI NO. 5 VEER PARK ROAD. ROAD. DIST. NEEMUCH (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5425 of 2020

BETWEEN:-

1. SHANTILAL PANCHAL S/O GANESHILAL PANCHAL, AGED ABOUT 64 YEARS, OCCUPATION: VRS RETIRED HOUSE NO.32, MIG-II, INDIRA NAGAR BEHIND ANAND MANGLIK PARISAR AAGAR ROAD UJJAIN (MADHYA PRADESH)

2. SMT. RATAN PANCHAL W/O O.P. PANCHAL, AGED ABOUT 67 YEARS, OCCUPATION: VRS RETIRED LDC FROM UJJAIN DIVI. OFFICE OF MPRTC ON 28.02.2002. HOUSE NO. EWS-34, INDIRA NAGAR, AAGAR ROAD, UJJAIN (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION MPRIC , H.O. HABIBGANJ, (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY DEPARTMENT OF T R A N S P O R T VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5447 of 2020

BETWEEN:-

1. BADRILAL GUPTA S/O DHANNALAL GUPTA, AGED ABOUT 64 YEARS, HOUSE NO.7, SAI VIHAR COLONY NEAR VANDANA NAGAR PIPLIAHANA (MADHYA PRADESH)

2. S.R. SHRIVASTAVA S/O R.R. SHRIVASTAVA, AGED Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

ABOUT 73 YEARS, OCCUPATION: VRS RETIRED O.S. FROM INDORE (R) OF MPRTC ON 31.10.2001 HOUSE NO. 47 REVENUE NAGAR BICHOLI HAPSI NO. 47 REVENUE NAGAR BICHOLI HAPSI ROAD. DIST. INDORE (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5455 of 2020

BETWEEN:-

1. MANSARAM PATIDAR S/O GANGARAM PATIDAR, AGED ABOUT 72 YEARS, OCCUPATION: VRS RETD. WARD NO.11, JATASHANAKR CHOWK TEH. ANJAD (MADHYA PRADESH)

2. SURESH PATIDAR S/O KORJI PATIDAR, AGED ABOUT 55 YEARS, OCCUPATION: VRS RETIRED CONDUCTOR FROM BARWANI DEPTO OF MPRTC ON 15.04.2006 HOUSE NO. 8 VEER SAVARKAR PATH BY PASS TEH ANJAD DIST. BARWANI (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

DEPARTMENT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5568 of 2020

BETWEEN:-

1. ABDUL MAJID KHAN S/O ABDUL RAZAK KHAN, AGED ABOUT 69 YEARS, OCCUPATION: VRS RETIRED MOHALLA LAXMANPURA NEAR LAKHERA MASJID (MADHYA PRADESH)

2. ASHOK GUPTA S/O JAGANNATH GUPTA, AGED ABOUT 64 YEARS, OCCUPATION: VRSRETIRED CONDUSCTOR FROM AGAR DEPOT OF MPRTC ON 28.2.2006 WARD NO. 8 SATI MOHALLA HANUMAN MANDIR KE PASS THE. NALKHEDA AGAR MALWA DIST. AGAR MALWA (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT D EPARTM EN T VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 5599 of 2020

BETWEEN:-

1. MAHESH GAUD S/O GOURILAL GAUD, AGED ABOUT 64 YEARS, OCCUPATION: VRS RETD. Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

WARD NO.5, HANUMAN MANDIR TEH. NALKHEDA (MADHYA PRADESH)

2. MOHD. SHARIF S/O RASUL KHAN, AGED ABOUT 65 YEARS, OCCUPATION: VRS RETIRED CONDUCTOR FROM AGAR DEPOT OF MPRTC ON 31.10.2006 HOUSE NO. 100 OPP. MAYUR LODGE MALIKHEDI ROAD. AGAR MALWA DIST. AGAR MALWA (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION MPRTC, H.O. HABIBGANJ, (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT D EPARTM EN T VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6078 of 2020

BETWEEN:-

1. MAHESH KUMAR ANIYA S/O MADANLAL ANIYA, AGED ABOUT 55 YEARS, OCCUPATION: VRS RETD. HOUSE NO.338/538, EWS INDRA NAGAR AAGAR ROAD UJJAIN (MADHYA PRADESH)

2. SMT. SAVITRI BAI MANDOR W/O LATE RANCHOD MANDORA, AGED ABOUT 66 YEARS, OCCUPATION: HOUSE WIFE (HER HUSBAND SHRI RANCHOD MANDORA WHO RETIRED ON VRS ON 31.10.2001AS BILLS ASSISTANT FROM UJJAIN DIVI. OFFICER OF MPRTC DIED ON 05.12.2015) R/O: HOUSE NO. 108, EWS - INDIRA NAGAR, AGAR ROAD, UJAIN (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

1. THE MANAGING DIRECRTOR M.P. ROAD TRANSPORT CORPORATION MPRTC HO HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY TRANSPORT D EPARTM EN T VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6490 of 2020

BETWEEN:-

1. SHAKIR ALI S/O MOHD. ALI, AGED ABOUT 57 YEARS, OCCUPATION: VRS RETD. N.K. NANZIL KHARRI BOWRI KE PAS MAHILA KOTHWALI KE PICHHE TEH JHALRA PALTAN (RAJASTHAN)

2. PAPPU KHAN S/O LATE SHRI RABNAWAZ KHAN, AGED ABOUT 55 YEARS, OCCUPATION: VRS RETIRED FUEL ATTENDANT FROM AGAR DEPOT OF MPRTC ON 28.02.2006 CHHOTA TAKIYA MALIPURA ROAD. AGAR DIST. AGAR MALWA (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6496 of 2020 Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

BETWEEN:-

1. RAMESH CHANDRA JAIN S/O CHANDMAL JAIN, AGED ABOUT 64 YEARS, OCCUPATION: VRS RETIRED MADHAVGANJ ROAD MOONPURWALA AAGAR (MADHYA PRADESH)

2. SMT. RUKSANA BI W/O BABU KHAN, AGED ABOUT 64 YEARS, OCCUPATION: VRS RETIRED DRIVER FROM AAGAR DEPOT OF MPRTC ON 15.04.2006 MOHALLA PATELWADI 9KAZI GALI) DIST. AGAR MALWA (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBTGANJ BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6523 of 2020

BETWEEN:-

1. SMT. VAKILA BANO W/O KHURSHID ALI, AGED ABOUT 63 YEARS, OCCUPATION: VRS RETD. HOUSE NO83, MANGAL COLONY NEAR HOUSE OF DR. HAMID UDAYAN MARG (MADHYA PRADESH)

2. CHOOTELAL VERMA S/O MADHULAL VERMAM OCCUPATION: VRS RETIRED SECURITY GUARD FROM AAGAR DEPTO OF MPRTC ON 31.07.2006 SNEH CITY COLONY. OPP. NEW POLICE STATION TEH. MAHIDPUR DIST. UJJAIN (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS) Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION MPRIC , H.O. HABIBGANJ, (MADHYA PRADESH)

2. PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL. (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6526 of 2020

BETWEEN:-

1. L.S. CHOUHAN S/O SHRI RAM SINGH CHOUHAN, AGED ABOUT 66 YEARS, OCCUPATION: VRS RETIRED HOUSE NO.16, SHRI RAM NAGAR BENGALI SQUARE KANADIA ROAD INDORE (MADHYA PRADESH)

2. RADHESHYAM PANCHAL S/O LATE SHRI P.L.

PANCHAL, AGED ABOUT 63 YEARS, OCCUPATION: VRS RETIRED UDC FROM SHAJAPUR DEPOT OF MPRTC ON 31.05.2008 HOUSE NO. 391, GALI NO. 9, SHASTRI NAGAR (IN FRONT OF RAHUL GROCERY SHOP) UJJAIN (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY DEPARTMENT OF T R A N S P O R T VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE) Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

WRIT PETITION No. 6529 of 2020

BETWEEN:-

1. SMT. LATA DAREKAR W/O SHRI K.R. DAREKAR, AGED ABOUT 65 YEARS, OCCUPATION: VRS RETIRED HOUSE NO.159, SUNDAR NAGAR EXTENSION SUKHLIA INDORE (MADHYA PRADESH)

2. RAMGOPAL RAIKWAR S/O SHRI BABULAL RAIKWAR, AGED ABOUT 63 YEARS, OCCUPATION: VRS RETIRED DRIVER FROM DEWAAS DEPOT OF MPRTC ON 15.04.2006 HOUSE NO. 41 AJAB BAGH COLONY MUSAKHEDI ROAD. INDORE (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6530 of 2020

BETWEEN:-

1. SHRIDEV SHARMA S/O SHRI B.P. SHARMA, AGED ABOUT 58 YEARS, OCCUPATION: VRS RETIRED HARI OM COLONY GHONSLA TEH. MAHIDPUR (MADHYA PRADESH)

2. SMT. SHAHEDA W/O MOHD. IBRAHIM KHAN, AGED ABOUT 70 YEARS, OCCUPATION: VRS RETIRED CONDUCTOR FROM AAGAR DEPOT OF MPRTC ON 15.4.2006 HOUSE NO. 51/2, YASHWANT MARG, NEAR MOTI MASJID, TEH. MAHIDPUR, Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

DIST UJJAIN (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL TRANSPORT DEPARTMENT OF T R A N S P O R T THE GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6565 of 2020

BETWEEN:-

1. MUBARIK HUSAIN S/O SABIR HUSAIN, AGED ABOUT 66 YEARS, OCCUPATION: VRS RETIRED WARD NO.6, DILDARPURA TEH. MAHIDPUR (MADHYA PRADESH)

2. BALKRISHNA SHARMA S/O JAGANNATH SHARMA, AGED ABOUT 64 YEARS, OCCUPATION: VRS RETIRED CONDUCTOR FROM AAGAR DEPOT OF MPRTC ON 15.4.2006 H. NO. 17, VIVEKANAND COLONY, BAROD ROAD, AAGAR, AAGAR MALWA DIST AGAR MALWA (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O. HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY DEPARTMENT OF T R A N S P O R T VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 6577 of 2020

BETWEEN:-

1. S.N. BHAWSAR S/O SHRI S.L. BHAWSAR, AGED ABOUT 53 YEARS, OCCUPATION: VRS RETIRED HOUSE NO.LIG-63, HOUSING BOARD COLONY CANTONMENT (MADHYA PRADESH)

2. DAULATRAM NAGAR S/O SHRI TIKKARAM NAGAR, AGED ABOUT 62 YEARS, OCCUPATION: VRS RETIRED COMDUCTOR FROM AAGAR DEPOT OF MPRTC ON 31.07.2005 VILLAGE HARANA POST LIMACHAUHAN TEH. SARANGPUR DIST. RAJGARH (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. THE MANAGING DIRECTOR M.P. ROAD TRANSPORT CORPORATION H.O.HABIBGANJ BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY DEPARTMENT OF TRANSPART GOVERNMENT OF MP VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

WRIT PETITION No. 16993 of 2021

BETWEEN:-

1. OM PRAKASH SHARMA S/O SHRI P.C. SHARMA, AGED ABOUT 65 YEARS, OCCUPATION: VRS RETIRED H.NO. 21-B, SUBASH NAGAR EXTENSION (MADHYA PRADESH)

2. VIJAY SINGH GEHLOT S/O SHRI S.G. GEHLOT, Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

AGED ABOUT 63 YEARS, OCCUPATION: VRS RETIRED T.S. 1 FROM UJJAIN DIVL. OFFICE ON 15.4.2006 HOUSE NO. 26, SETHI NAGAR. UJJAIN (MADHYA PRADESH)

.....PETITIONERS (NONE FOR THE PETITIONERS)

AND

1. M.P. ROAD TRANSPORT CORPORATION THR. THE MANAGING DIRECTOR H.O. HABIBGANJ (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT GOVT. OF M.P. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1) (SHRI AMIT SINGH SISODIA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.2/STATE)

This petition coming on for admission this day, th e court passed the following:

ORDER The petitioners have filed the present petition seeking direction to the respondents to release the arrears of amount of gratuity, ex-gratia and leave enchashment on the basis of dearness allowance given to them.

The pettioners are ex-ployees of the then Madhya Pradesh State Road Transport Corporation. They opted for Voluntary Retirement Scheme as per the memorandum of settlement. According to them, in terms of the aforesaid settlement, the benefit of dearness allowance was not given after pay fixation under 4th pay commission which resulted into payment of less amount of gratuity, ex-gratia and leave encashment. The similarly placed employees raised industrial disputes before the Labour Court, Ujjain which came to be allowed vide award dated 01.04.2013 in case no.72/08 ID Reference. The MPSRTC

Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

filed various writ petitions before this Court in W.P.No.8822/2013(S) and others. Vide order dated 09.03.2017 all the writ petitions were dismissed with a direction to the Madhya Pradesh State Road Transport Corporation that the employees shall be entitled for similar benefits which have been extended to the identically placed persons by Hon'ble the Supreme Court in Civil Appeal No.321/2013.

The petitioners submit that after the aforesaid order the benefit of dearness allowance has been granted to them but the consequential benefits like gratuity, ex-gratia and leave encashment have not been granted. According to the petitioners, after grant of dearness allowance to them it will increase the amount of gratuity, ex-gratia and leave encashment payable to them but the said difference has not been granted to them till date.

After notice, the respondents have filed reply denying the aforesaid relief only on the grouind that the petitioners were not party to W.P.No.8822/2019(S) and Civil Appeal No.321/2013. Absolutely obnoxius reply has been filed the the respondents. The Hon'ble Apex Court while pasing the order in Civil Appeal No.321/2013 (M.D., M.P. Road Transport Corporation and Anr. Vs. Prantiya Rajya Parivahan Karamchari Sangh and Ors.) and this Court in W.P.No.8822/2013(S) had clearly held that all the employees of Madhya Pradesh State Road Transport Corporation who took Voluntary Retirement under the Scheme/Settlement are entitled for the dearness allowance and other consequential benefits. Once the dearness allowance has been granted then the difference of amount of gratuity, ex-gratia and leave encashment are also to be extended to the petitioners. It makes no difference if they were party in the earlier litigation or not.

The Hon'ble Apex Court in Civil Appeal No.321/2013 ((M.D., M.P. Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

Road Transport Corp.and Anr. Vs. Prantiya Rajya Parivahan Karamchari Sangh and Ors.) reads as under:-

"The present appeal arises out of judgment and order dated 1st July, 2011 passed by the High Court of Judicature of Madhya Pradesh, Bench at Indore. The High Court in paragraph 8, after taking into consideration the settlement dated 3rd February, 1988 arrived at between the Managing Director, M.P.State Road Transport Corporation and the M.P.Transport Workers Federation, has held that all the employees of the Corporation are entitled to the same rate of dearness allowance as is being payable to the employees of the M.P. State Government prior to the Fifth Central Pay Commission's report having been accepted by the State Government for its employees but this report has not been implemented so far as the employees of the State Road Transport Corporation is concerned.

We have heard learned counsel for the parties. We do not find any good ground to interfere with the impugned judgment for the simple reason that in terms of the agreement it was agreed between the M.P. State Road Transport Corporation, the appellant No.1 herein and the Prantiya Rajya Parivahan Karmachari Sangh-respondent No.1 that the same amount of dearness allowance which is payable to the State Government employees would be payable to the employees of the M.P.State Road Transport Corporation. It is not in dispute that even those employees of the State Government who have not opted for the revised pay scale recommended by the Fifth Central Pay Commission, are being paid the old pay scale but the amount of dearness allowance is higher than what is being paid to the employees who have opted for the pay scale given by the Fifth Central Pay Commission. As the employees of the M.P.State Road Corporation having not been given the benefit of the revised pay scale recommended by the Fifth Central Pay Commission, they are being paid the old Fourth Central Pay Commission pay scale, however they are entitled for the dearness allowance which is payable to the employees of the State Government who are getting the old pay scales.

It is pertinent to mention here that the Division Bench of the Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

Madhya Pradesh High Court has clarified regarding the payment of the increased dearness allowance to the employees who have opted for Voluntary Retirement Scheme during their service period before having retired voluntarily. Payment of arrears of dearness allowance be made to the existing employees as well as those who have retired voluntarily, till the time they were in service, by making an advertisement in the newspaper inviting applications from the employees and the employees who have already retired voluntarily. Appellant No.1 shall get the details from the employees and shall verify from the records and make necessary payments within two months. The amount deposited before the Industrial Tribunal shall be returned to the M.P.State Road Transport Corporation- appellant No.1 for disbursement. In view of the above, the civil appeal is disposed of. Pending applications, if any, shall also stand disposed of." In view of the aforesaid, the writ petitions are allowed with cost of Rs.5,000/- each payable to the petitioners by respondent no.1. The order passed by this Court as well as by the Hon'ble Apex Court be complied with letter and spirit in the case of the petitioners' also. They be given the arrears of gratuity, ex-gratia and leave encashment within a period of 90 days from the date of receipt of certified copy of this order. The petitioners are also entitled to get interest @ 6% p.a. from the date of payment of dearness allowance till the date of actual payment.

Let a copy of the signed order be kept in the connected writ petitions also.

Vide Adhisuchna No. 8/2023, issued by Working Secretary Ms. Geeta Shukla of State Bar Council of M.P. called upon all the Associations of Advocate/Advocates that the enrolled Advocates shall abstain from the Court proceedings on 27.3.2023. It appears that in pursuant to above call, none of the Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26

Advocates who signed the Vakalatnama has appeared today in this case.

Earlier, vide communication dated 20.3.2023, the Chairman of State Bar Council of M.P. informed Hon'ble the Chief Justice that the scheme relating to disposal of 25 identified cases in every quarter is not withdrawn by 22.3.2023, all the lawyers in the State of M.P. in collectively protest would abstain from judicial work w.e.f 23.3.2023.

The Division Bench-I of this Court has registered suo moto Public Interest Litigation [In reference (suo moto) V/s. Chairman, State Bar Council of M.P. & others (W.P. No.7295/2023)) and issued directions on 24.3.2023 to all the Advocates to attend the Courts. As per directions No. (i), (ii) & (iii) in Para 18 of order dated 24.3.2023 in the aforesaid writ petition, the Registry of this Bench is directed to register contempt case separately against the following contemners and issue notice to them :

Petitioner/(s) Advocate : Shri C.M.Nair, Shri Pramod C.Nair and Shri Shantilal V.Prem.

Respondent/(s) Advocate : Shri Ajay Lonkar, Shri Vinay Patwardhan, Ms.Kirti Patwardhan, Ms. Trishla Salgat and Ms. Ankita Verma.

The notices be made returnable within 4 weeks. List the contempt petition immediately after 4 weeks.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 29-03-2023 11:16:26