Magan Lal Sonkar vs Shri S.K. Jha
2023 Latest Caselaw 7956 MP

                                                           1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                           BEFORE NATIONAL LOK ADALAT
                                        HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                         &
                                          SMT. INDIRA NAIR, SR. ADVOCATE
                                                ON THE 13 th OF MAY, 2023
                                       CONTEMPT PETITION CIVIL No. 584 of 2014

                          BETWEEN:-
                          MAGAN LAL SONKAR (RETD. T.E. JABALPUR DEPOT),
                          S/O SHRI JAGANNATH SONKAR, AGED ABOUT 59
                          YEARS, R/O 210 CHHOTI OMTI, UDIA MOHALLA,
                          JHANDA CHOWK, JABALPUR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (NONE)

                          AND
                          1.    SHRI S. K. JHA, IAS, MANAGING DIRECTOR, M.P.
                                ROAD     TRANSPORT     CORPORATION,   HEAD
                                OFFICE,     HABIBGANJ,   BHOPAL    (MADHYA
                                PRADESH)

                          2.    SHRI A. K. GUPTA, DIVISIONAL MANAGER, M. P.
                                ROAD TRANSPORT CORPORATION, DIVISIONAL
                                OFFICER, CIVIL LINES, JABALPUR (MADHYA
                                PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI P. K. MISHRA - ADVOCATE)

                                This petition coming on for conciliation this day, the Bench passed the
                          following:
                                                            ORDER

The present contempt petition arises out of non-compliance of order dated 07.04.2010 passed in W.P. No.4108/2010, wherein this Court has directed as under:-

Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 5/17/2023 2:06:01 PM

It is seen from the records that in the case of Anil Jain Vs. Managing Director, M.P.S.R.T.C. reported in one I.L.R., 2008 M.P. Series Pg. 1392, it was directed that retired employees who have served with the Corporation are entitled to get interest on the amount deposited by them under the E.D.F Scheme as per statutory interest prescribed in Clause 10 of the State Road Transport Corporation Employees Deposit Fund Regulation, M.P. 1985. The aforesaid judgment rendered by learned Single Judge of this Court by the Indore Bench has been upheld and W.A. No.636/2007 has been dismissed.

Thereafter, various have been decided and this Court in

various cases have directed the Corporation to grant interest to the employees in accordance with the rate applicable in the case of provident fund rules. As per the statutory clarification from time to time one such case W.P. No.1267/2009 (s) has been decided by a Gwalior Bench of this Court and the following directions have been issued in the said case:-

Keeping in view the aforesaid. As per matter is covered by the order dated 07 February, 2008 passed in Writ Appeal No.636/2007 the petitioners shall be entitled of or the same rate of interest which has been granted to identically placed persons by the Division Bench of this Court meaning thereby the petitioners shall be entitled for same rate which is applicable in the case of provident funds dues as per the statutory notifications issued by the State Government from time to time. With the aforesaid the writ petition stands disposed of. No order as to costs.

Case of the present petitioners are also identical to Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 5/17/2023 2:06:01 PM

the aforesaid cases decided by this Court and petitioners are also claiming interest at the statutory rate on the E.D.F amount deposited by them.

Considering the orders passed under similar circumstances respondents are directed to pay to the petitioners the interest on the E.D.F. as per the directives issued in the case of Anil Kumar Jain so also in W.P. No.1267/2009(s) Om Prakash Vs. M.P.S.R.T.C. Order passed by the learned Single Judge and the Division Bench as indicated hereinabove have been upheld the Supreme Court and the S.L.P. filed by the Corporation have been rejected as is evident from Annexure P-2 available at page 40 of the paper book.

Accordingly, respondents are directed to settle the claim of the petitioners and pay the interest as per clause 10 within a period of two months from the date of receipt of certified copy of this order.

In view of the reply filed by the respondents and document Annexure R/1, which is a demand draft of Rs.27904/- in the name of Maganlal Sonkar and also affidavit of Maganlal Sonkar dated 01.04.2015, it is seen that the direction of the Court has already been complied with.

Nothing further remains to be decided in the petition. Accordingly, the

contempt petition stands dismissed.

Rules nisi stands discharged.

                                (NANDITA DUBEY)                                            (SMT. INDIRA NAIR )
                                    MEMBER                                                    MEMBER
                          sjk
Signature Not Verified
Signed by: SHARAN JEET
KAUR JASSAL
Signing time: 5/17/2023
2:06:01 PM





Signature Not Verified
Signed by: SHARAN JEET
KAUR JASSAL
Signing time: 5/17/2023
2:06:01 PM