Madhya Pradesh High Court

Sardar Dilbag Singh Luthra vs The State Of Madhya Pradesh on 2 May, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 2nd OF MAY, 2024
WRIT PETITION No. 17709 of 2017

BETWEEN:-
VIDYADHAR KAMLAKAR PINGLE S/O LATE K.N. PINGLE,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
1.
EMPLOYEE, R/O 25/5 POONAM APARTMENT UDAYAN
MARG, UJJAIN (MADHYA PRADESH)
CHANDRA KANT CHATURVEDI S/O LATE SHRI SHIV
CHANDRA CHATURVEDI, AGED ABOUT 63 YEARS,
2.
OCCUPATION: RETIRED EMPLOYEE, R/O 549 SETHI
NAGAR UJJAIN (MADHYA PRADESH)
SHRI BABAN RAO S/O SHRI NANA SAHEB BANDAL, AGED
3. ABOUT 65 YEARS, OCCUPATION: RETIRED EMPLOYEE,
R/O 15/19 VED NAGAR UJJAIN (MADHYA PRADESH)
SHRI R.C. LOVANSHI S/O SHRI CHATAR SINGH
LOVANSHI, AGED ABOUT 65 YEARS, OCCUPATION:
4.
RETIRED EMPLOYEE, R/O 8/3 SETHI NAGAR UJJAIN
(MADHYA PRADESH)
SHRI KESHAR SINGH S/O SHRI ABHAY SINGH ZALA,
AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
5.
EMPLOYEE, R/O 575 SETHI NAGAR UJJAIN (MADHYA
PRADESH)
SHRI JAGDISH PRASAD DUBEY S/O DR. HARIRAM
CHOUBEY, AGED ABOUT 65 YEARS, OCCUPATION:
6.
RETIRED EMPLOYEE, R/O 28/2 KESHAV NAGR DR.
HARIRAM CHOUBEY MARG UJJAIN (MADHYA PRADESH)
SHRI R.C. KUMARIYA S/O SIDDHAJI KUMARIYA, AGED
ABOUT 60 YEARS, OCCUPATION: RETIRED EMPLOYEE
7.
HOUSE NO.80 ABHISHEK NAGAR SANWER ROAD UJJAIN
(MADHYA PRADESH)
SHRI B.S. PRIHAR S/O SHRI RATAN SINGH PRIHAR, AGED
8. ABOUT 60 YEARS, OCCUPATION: RETIRED EMPLOYEE
HOUSE NO. MIG 110 INDRA NAGAR AGAR ROAD UJJAIN
(MADHYA PRADESH)
2

SHRI SHRIKANT PATHAK S/O SHRI NARAYAN PATHAK,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
9.
EMPLOYEE, R/O 50 SANVARIYA PARISAR INDORE ROAD
UJJAIN (MADHYA PRADESH)
SHRI R.S. NAIR S/O LATE SHRI RAGVANI PILLAI, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED EMPLOYEE,
10.
R/O 301 ASHITI APARTMENTS NANAKHEDA SANWER
ROAD UJJAIN (MADHYA PRADESH)
SHRI KAILASH SINGH BAIS S/O SHRI NAJAR SINGH BAIS,
AGED ABOUT 60 YEARS, OCCUPATION: RETIRED
11.
EMPLOYEE, R/O 7/125 MIG JAWAHAR NAGAR
NANAKHEDA UJJAIN (MADHYA PRADESH)
SHRI HINDU SINGH S/O CHOUHAN, AGED ABOUT 60
YEARS, OCCUPATION: RETIRED EMPLOYEE, HOUSE NO.
12.
111 GALI NO.2 KAMAL COLONEY NEAR TOWER UJJAIN
(MADHYA PRADESH)
SHRI MADAN LAL S/O GOPAL JI KAMODIYA, AGED
ABOUT 64 YEARS, OCCUPATION: RETIRED EMPLOYEE
13.
R/O VILLAGE KAYATHA 437 A DARSHNAG R KAYATHA
UJJAIN (MADHYA PRADESH)
SHRI S.M. KHAN S/O SHRI BASIR MOHMAD, AGED
ABOUT 69 YEARS, OCCUPATION: RETIRED EMPLOYEE ,
14.
R/O 45 AWANTIPURA GALI NO.5 ANKPAT MARG UJJAIN
(MADHYA PRADESH)
SHRI V.S. THAKUR S/O LATE SHRI S. THAKUR, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED EMPLOYEE
15.
R/O E-97 MAHASHAKTI NAGAR DEWAS ROAD UJJAIN
(MADHYA PRADESH)
M.K. JAIN S/O SHRI N.L. JAIN, AGED ABOUT 63 YEARS,
16. OCCUPATION: RETIRED EMPLOYEE, R/O LIGC 14/57
RISHI NAGAR UJJAIN (MADHYA PRADESH)
SHRI C.L. JATAVA S/O SHRI O.L. JATAVA, AGED ABOUT 62
17. YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O B-10/10
BASANT VIHAR UJJAIN (MADHYA PRADESH)
SHRI S.R. PARMAR S/O AMARJI PARMAR, AGED ABOUT
18. 62 YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O G96
JAWHAR NAGAR UJJAIN (MADHYA PRADESH)
SHRI SHRIDHAR KORRANE S/O SHRI NARAYAN RAO
KARRANE, AGED ABOUT 63 YEARS, OCCUPATION:
19.
RETIRED EMPLOYEE, R/O A-EWS 14/14 RISHI NAGAR
UJJAIN (MADHYA PRADESH)
20. SHRI YOGESH KUMAR MEHATA S/O SHRI K.L. MEHATA,
AGED ABOUT 67 YEARS, OCCUPATION: RETIRED
3

EMPLOYEE, R/O 201 SATYAM APARTMENT MADHAV
CLUB ROAD FREEGANI UJJAIN (MADHYA PRADESH)
SHRI ASHOK KHANDELWAL S/O BANSILAL JI
KHANDELWAL, AGED ABOUT 62 YEARS, OCCUPATION:
21.
RETIRED EMPLOYEE, R/O 79 SETHI NAGAR UJJAIN
(MADHYA PRADESH)
SHRI YUNUS KHAN S/O SHRI H NAZIR KHAN, AGED
ABOUT 65 YEARS, OCCUPATION: RETIRED EMPLOYEE,
22.
R/O 58 MIG MUKHARJEE NAGAR, DEWAS (MADHYA
PRADESH)
R K ARYA S/O JAGANATHJI ARYA, AGED ABOUT 62
23. YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O 18
ANKPAT MARG NIKAS, UJJAIN (MADHYA PRADESH)
SHRI R C VYAS S/O KOMAL PRASADJI VYAS, AGED
ABOUT 67 YEARS, OCCUPATION: RETIRED EMPLOYEE,
24.
R/O 320 ALAKHADHAM NAGAR COLONY, UJJAIN
(MADHYA PRADESH)
A.K. CHOUDHARY S/O KEDARNATH CHOUDHARY, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED EMPLOYEE,
25.
R/O 243 / B VIVEKAND COLONY, UJJAIN (MADHYA
PRADESH)
SHRI P C JOSHI S/O LATE J P JOSHI, AGED ABOUT 62
26. YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O L-150
MAHASHAKTI NAGAR, UJJAIN (MADHYA PRADESH)
SHRI JAMBO KUMAR JAIN S/O SHRI SOBHAGYAMALJI
JAIN, AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
27.
EMPLOYEE, R/O 332 SMRUTI NAGAR CHOTTA BANGLA,
INDORE (MADHYA PRADESH)
SHRI ASHOK KUMAR CHABADA S/O SHRI BABULAJI
CHABADA, AGED ABOUT 61 YEARS, OCCUPATION:
28.
RETIRED EMPLOYEE, R/O 86 GOUTAMMARG
NAYAPURA, UJJAIN (MADHYA PRADESH)
SHRI ASHOK KADAM S/O RAMCHANDRA KADAM, AGED
29. ABOUT 62 YEARS, OCCUPATION: RETIRED EMPLOYEE,
R/O 19 MAHAKAL ROAD, UJJAIN (MADHYA PRADESH)
SHRI SUDHIR JOSHI S/O RAMCHANDRA JOSHI, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED EMPLOYEE,
30.
R/O L-348 MAHASHAKTI NAGAR, UJJAIN (MADHYA
PRADESH)
SHRI OMPRAKASH BARGAV S/O SATYA NARAYAN
BHARGAV, AGED ABOUT 65 YEARS, OCCUPATION:
31.
RETIRED EMPLOYEE, R/O 23 LAKKAD GANJ BHAT GALI
UJJAIN (MADHYA PRADESH)
4

SHRI ASHOK PATHAK S/O LATE MADHAV RAO PATHAK,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
32.
EMPLOYEE, R/O 24/10 AMBAPURA DESAI NAGAR UJJAIN
(MADHYA PRADESH)
SHRI RADHESHAM VERMA S/O BADRI PRASAD VERMA,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
33.
EMPLOYEE, R/O NEAR MAHAKAL COLD STORAGE
PUNCH KUA MAXI ROAD, UJJAIN (MADHYA PRADESH)
SHRI CG DHUPKAR S/O GOVIND ROA DHUPKAR, AGED
ABOUT 61 YEARS, OCCUPATION: RETIRED EMPLOYEE,
34.
R/O 48 GHATKUVAR MARG BEHIND A K BUILDING
FREEGANJ, UJJAIN (MADHYA PRADESH)
SHRI ASHOK CHATURVEDI S/O SHIVCHAND
CHATURVEDI, AGED ABOUT 66 YEARS, OCCUPATION:
35.
RETIRED EMPLOYEE, R/O 549 SETHI NAGAR UJJAIN
(MADHYA PRADESH)
SHRI K C GEHLOT S/O GAJANAN GEHLOT, AGED ABOUT
36. 61 YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O 141
SAIDHAM COLONY UJJAIN(MADHYA PRADESH)
SHRI V S PARIHAR S/O NARAYAN SINGH PARIHAR, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED EMP, R/O 30
37.
ANKPAV MARG PATH KVAMANK 2, UJJAIN (MADHYA
PRADESH)
RADHESHAM MEHTA S/O RAMASHANKAR MEHTA,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
38.
EMPLOYEE, R/O 96 VRANDAVAN DHAM NANAKHEDA
UJJAIN(MADHYA PRADESH)
NARENDRA KUMAR UPADHYAY S/O JANKIVALLABH
UPADHYAY, AGED ABOUT 61 YEARS, OCCUPATION:
39.
RETIRED EMPLOYEE, R/O 55A VRANDAVAN DHAM NANA
KHEDA, UJJAIN (MADHYA PRADESH)
SHRI SURESH CHANDRA SHARMA S/O H S SHARMA,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
40.
EMPLOYEE, R/O CHANDESARI DEWAS ROAD, UJJAIN
(MADHYA PRADESH)
TRILOKCHAND KOUSHAL S/O SHRI POONAM CHAND
KAUSHAL, AGED ABOUT 71 YEARS, OCCUPATION:
41.
RETIRED EMPLOYEE, R/O A10 / 7 MIG MAHANANDA
NAGAR, UJJAIN (MADHYA PRADESH)
RAMDAS RAMI S/O SHRIKALU RAM RAMI, AGED ABOUT
42. 69 YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O 22/69
RAMI NAGAR MAXI ROAD, UJJAIN (MADHYA PRADESH)
43. ABDUL HAFIZ S/O ABDUL SAID KHAN, AGED ABOUT 58
5

YEARS, WORKING AS TANKER DRIVER IN UJJAIN
SAHAKARI DUGDHA SANGH MYDT UJJAIN, R/O IN
FRONT MAHAT COLD STORAGE SHARIKALPUR, UJJAIN
(MADHYA PRADESH)
VIKAS JOG S/O LATE M M JOG, AGED ABOUT 62 YEARS,
44. OCCUPATION: RETIRED EMPLOYEE, R/O 118
SATHINAGAR, UJJAIN (MADHYA PRADESH)
M TANGARAI S/O MUNNA SWAMI, AGED ABOUT 65
45. YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O 86
MUNNI NAGAR, UJJAIN (MADHYA PRADESH)
S S SHARMA S/O M L SHARMA, AGED ABOUT 63 YEARS,
46. OCCUPATION: RETIRED EMPLOYEE, R/O 493 SETHI
NAGAR, UJJAIN (MADHYA PRADESH)
R C CHOURASIYA S/O SIDDULDJI CHOURASIYA, AGED
ABOUT 61 YEARS, OCCUPATION: RETIRED EMPLOYEE,
47.
R/O 119 / 2 AGRASEN NAGAR MANGAL COLONY
UJJAIN(MADHYA PRADESH)
H N SHARMA S/O DEVELAL SHARMA, AGED ABOUT 63
YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O 29
48.
ADARSKOLONEM SHAJAPUR, UJJAIN (MADHYA
PRADESH)
K L JOSHI S/O RATANLAL JOSHI, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED EMPLOYEE, R/O VILLAGE POST
49.
SHAKKAR KHEDI TEHSIL MAHIDPUR UJJAIN (MADHYA
PRADESH)
M L CHANDRAWANSHI S/O DEVISINGH, AGED ABOUT 63
YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O
50.
VILLAGE POST KARA 34 THE MOHAN BADODIYA,
DISTRICT SHAJAPUR (MADHYA PRADESH)
MADHUKAR MAHAJAN S/O NARAYAN MAHAJAN, AGED
ABOUT 64 YEARS, OCCUPATION: RETIRED EMPLOYEE,
51.
R/O C-38 / 36 EWS RIGHI NAGAR EXTE, UJJAIN (MADHYA
PRADESH)
SHRI MANOHAR SHITOLE S/O JAYASHRI RAO SHITOLE,
AGED ABOUT 58 YEARS, WORKING AS TANKER DRIVER
52. IN UJJIAN SAHAKARI DUGDHA SANGH MYDT UJJAIN,
R/O 94 PRAKASH NAGAR NEAR TEENBATI
MADHAVNAGAR, UJJAIN (MADHYA PRADESH)
N R MALVIYA S/O HIRALALJI MALVIYA, AGED ABOUT 61
53. YEARS, RETIRED EMPLOYEE R/O 9/18 ALAKNANDAN
NAGAR UJJAIN (MADHYA PRADESH)
54. S N RATHI S/O KISHAN GOPAL RATHI, AGED ABOUT 60
YEARS, RETIRED EMPLOYEE, R/O 147 SAIDHAM
6

COLONY NEAR GADHAPULIYA, UJJAIN (MADHYA
PRADESH)
MAYUR SHAH S/O J R SHAH, AGED ABOUT 49 YEARS,
WORKING AS LAB TECHNICIAN IN UJJAIN SAHAKARI
55.
DUGDHA SANGH MYDT UJJAIN, R/O 37 CHHOTA SARAFA
UJJAIN (MADHYA PRADESH)
SANKAR PURI S/O LAXMAN PURI, AGED ABOUT 62
YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O
56.
VILLAGE KHARPA POST TARANA, DISTRICT UJJAIN
(MADHYA PRADESH)
BASANT CHOURASIYA S/O BHIMSHANKARJI
CHOURASIYA, AGED ABOUT 61 YEARS, RETIRED
57.
EMPLOYEE, R/O 59 VIDHYA NAGAR SANWAR ROAD
UJJAIN (MADHYA PRADESH)
S L UPADHYAY S/O SHRI D S UPADHYAY, AGED ABOUT 61
58. YEARS, R/O B-9 / 10 BASANT VIHAR UJJAIN (MADHYA
PRADESH)
B K JAIN S/O BABULAL JAIN, AGED ABOUT 60 YEARS,
59. RETIRED EMPLOYEE R/O 68/1 VINDHYAPATI COLONY
UJJAIN (MADHYA PRADESH)
R P GUPTA S/O S L GUPTA, AGED ABOUT 61 YEARS,
OCCUPATION: RETIRED EMPLOYEE, R/O LAXMAN
60.
COLONY GANESH MANDIR KE PASS SHAMGAR
UJJAIN(MADHYA PRADESH)
O P JAIN S/O PURALAJI MARU, AGED ABOUT 61 YEARS,
61. RETIRED EMPLOYEE MILK CHILLING CENTRE AGAR
MALWA, DISTRICT SHAJAPUR (MADHYA PRADESH)
O P SHARMA S/O SHRI JAGDISH NARAYAN SHARMA,
AGED ABOUT 62 YEARS, RETIRED EMPLOYEE, R/O
62.
VELA BARWAL POST, DISTRICT SHAJAPUR (MADHYA
PRADESH)
R C JADHAV S/O SHRI K L JADAV, AGED ABOUT 61
YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O
63.
VILLAGE POST HARSODAN, DISTRICT UJJAIN (MADHYA
PRADESH)
O P BHAVSAR S/O M L BHAVSAR, AGED ABOUT 67 YEARS,
64. RETIRED EMPLOYEE, R/O 22 KALISINGH MARG GALI
NO 2 SONKATCH, DISTRICT DEWAS (MADHYA PRADESH)
MOHD JAMIL S/O S.K. HAFIZ, AGED ABOUT 61 YEARS,
65. R/O 14/12 KESAR BAG COLONY MALOSI ROAD UJJAIN
(MADHYA PRADESH)
66. B L KUMAWAT S/O CHATURBHUJ JI KUMAVAT, AGED
ABOUT 68 YEARS, OCCUPATION: RETIRED EMPLOYEE
7

R/O A 13 / 10 MAHAKAL VANIJYA KENDRA NANAKHEDA
UJJAIN (MADHYA PRADESH)
K D GUPTA S/O SHRI V K GUPTA, AGED ABOUT 58 YEARS,
WORKING AS: MIS INCHARGE IN UJJAIN SAHAKARI
67.
DUGDH SANGH MYDT UJJAIN, R/O 18 JIMENDR VIHAR
UJJAIN (MADHYA PRADESH)
SHRINIWAS PARSHURAM APTE S/O PARSHURAM APTE,
AGED ABOUT 60 YEARS, OCCUPATION: RETIRED
68.
EMPLOYEE, R/O C-66 ABHILASHA COLONY DEWAS
ROAD UJJAIN(MADHYA PRADESH)
B K MAURYA S/O R B MAURYA, AGED ABOUT 51 YEARS,
WORKING AS PROCESSING SUPERINTENDENT IN
69. UJJAIN SAHAKARI DUGDH SANGH MYDT UJJAIN R/O
BALLABH NAGAR NEAR SHIV SANATAN SEHORE PANNA
MODE KATNI (MADHYA PRADESH)
RAJESH KUMAR SHARMA S/O LATE S K SHARMA, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED EMPLOYEE,
70.
R/O J/1 DESAI NAGAR INFRONT OF MAN KAMESHWAR
TEMPLE, UJJAIN (MADHYA PRADESH)
SATISH CHAND TIWARI S/O NANDKISHORE TIWARI,
AGED ABOUT 58 YEARS, WORKING LAB INCHARGE IN
71.
UJJIAN SAHAKARI DUGDH SANGH MYDT R/O C-34 / 7
RISHI NAGAR UJJAIN (MADHYA PRADESH)
BASANT SISODIYA S/O PREMCHANDRA SISODIYA, AGED
ABOUT 46 YEARS, WORKING AS ATTENDANT IN UJJAIN
72.
SAHAKARI DUGDH SANGH MYDT R/O 154 ARPITA
COLONY NANA ROAD UJJAIN(MADHYA PRADESH)
SMT KESHAR YADAV W/O SURENDRA SINGH YADAV,
AGED ABOUT 53 YEARS, WORKING AS ATTENDANT IN
73. UJJAIN SAHAKARI DUGDH SANGH MYDT UJJAIN, R/O
278 PANCHKUASHANKARPUR UJJAIN (MADHYA
PRADESH)
S L PANDEY S/O KASHIRAM PANDEY, AGED ABOUT 56
YEARS, WORKING AS VILLAGE EXTENSION ORGANIZER
74.
IN UJJAIN SAHAKARI DUGDH SANGH MYDT, R/O 80
PRASHANTI AVENUE UJJAIN(MADHYA PRADESH)
SURESH CHANDRA CHOUHAN S/O HIRALAL CHOUHAN,
75. AGED ABOUT 61 YEARS, RETIRED EMPLOYEE R/O D-56
SLICE 5 SCHEME 78, INDORE (MADHYA PRADESH)
YOGENDRA SINGH SISODIA S/O INDRA SINGH SISODIA,
AGED ABOUT 56 YEARS, WORKING AS VILLAGE
76. EXTENSION ORGANIZER IN UJJIAN SAHAKARI DUGDH
SANGH MYDT, R/O 26 DALMIRITHA UJJAIN (MADHYA
PRADESH)
8

SHRI RAM LAKHAN KUSHWAHA S/O SHRI SUKH
KUSHWAHA, AGED ABOUT 59 YEARS, WORKING AS
77. TANKER DRIVER IN UJJAIN SAHAKARI DUGDH SANGH
MYDT, R/O B-38 ANAND NAGAR VIHAR COLONY KE PASS
UJJAIN (MADHYA PRADESH)
OP SHARMA S/O HARISHANKAR SHARMA, AGED ABOUT
59 YEARS, WORKING AS VILLAGE EXTENSION
78. ORGANIZATION IN UJJAIN SAHAKARI DUGDH SANGH
MYDT, R/O 565 SETHI NAGAR UJJAIN(MADHYA
PRADESH)
SMT PUSHPENDRA MAURYA W/O LATE SHRI SHABHU
SINGH MAURYA, AGED ABOUT 61 YEARS, RETIRED
79.
EMPLOYEE, R/O 15 VADDHESHWARI DHAM
UJJAIN(MADHYA PRADESH)
KAILASH CHANDRA MAHESHWARI S/O SHRI RATANLAL,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
80.
EMPLOYEE, R/O L-105 PATEL NAGAR ANKPUT ROAD
UJJAIN(MADHYA PRADESH)
CHANDRA KANT SHASTRI S/O SHREE DHAR SHAHTRI,
AGED ABOUT 67 YEARS, RETIRED EMPLOYEE, R/O 34
81.
MAHADSI MARG KARTICK CHOWK UJJAIN (MADHYA
PRADESH)
VINOD KUMAR SHARMA S/O N K SHARMA, AGED ABOUT
58 YEARS, WORKING AS SALES PROMOTION
82. ORGANIZER IN UJJAIN SAHAKARI DUGDH SANGH
MYDT UJJAIN R/O C-7 /20 MAHANANDA NAGAR
COLONY UJJAIN (MADHYA PRADESH)
GOPPULAL MULCHAND MALVIYA S/O MULCHAND,
AGED ABOUT 58 YEARS, WORKING AS LAB ATTENDANT
83. IN UJJAIN SAHAKARI DUGDH SANGH MYDT UJJAIN R/O
NARAYANPURA MAKAN NAMDEO 10 GALI NUMBER 2
UJJAIN (MADHYA PRADESH)
SWAROOP SINGH CHABADA S/O SHRI SANT RAM
CHABADA, AGED ABOUT 66 YEARS, RETIRED
84.
EMPLOYEE, R/O 10/10 PRAGUN MUGEN NANAKHEDA
UJJAIN (MADHYA PRADESH)
DINESH PRASAD TIWARI S/O GOVIND PRASAD TIWARI,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
85.
EMPLOYEE, R/O 37 RAJASWA COLONY FREEGANJ
UJJAIN (MADHYA PRADESH)
86. SHRI SHIVSINGH THAKUR S/O HARACHOVAN SINGH,
AGED ABOUT 72 YEARS, OCCUPATION: RETIRED
EMPLOYEE, R/I HOTEL GANGA AB ROAD, DISTRICT
SHAJAPUR (MADHYA PRADESH)
9

SURESH PARMAR S/O RAMNARAYAN PARMAR, AGED
ABOUT 58 YEARS, WORKING AS DISTRIBUTION CLERCK
87. IN UJJAIN SAHAKARI DUGDH SANGH MYDT UJJAIN, R/O
CHOTA BAZAR AGAR, DISTRICT SHAJAPUR (MADHYA
PRADESH)
SURESH KALE S/O KRUSNA RAO KALE, AGED ABOUT 53
YEARS, WORKING AS DISTRIBUTION CLERCK IN
88.
UJJAIN SAHAKARI DUGDH SANGH MYDT, UJJAIN 147
MAHAVIR NAGAR UJJAIN(MADHYA PRADESH)
JEEVANCHAND JAIN S/O SHREE HIMMAT MALJI, AGED
ABOUT 59 YEARS, WORKING AS SENIOR VILLAGE
89. EXTENSION ORGANIZER IN UJJAIN SAHAKARI DUGDH
SANGH MYDT UJJAIN, R/O 7 LAKSHMI BAI MARG WARD
NO 9 KASERA BAZAR SHAJAPUR (MADHYA PRADESH)
B S MAHAVAT S/O BHANWAR SINGHJI MAHAVAT, AGED
ABOUT 56 YEARS, WORKING AS ACCOUNT ASSISTANT IN
90.
UJJAIN SAHAKARI DUGDH SANGH MYDT, R/O 13/14
KESHAR BAG MAXI ROAD UJJAIN (MADHYA PRADESH)
PRABHAKAR KANERKAR S/O LATE SHRI RAMCHANDRA
RAO, AGED ABOUT 59 YEARS, WORKING AS
91. TECHNICIAN IN UJJAIN SAHKARI DUGDH SANGH MYDT
UJJAIN R/O C-20 /1 MAHAAKALVANJIK KENDRA
NANKHEDA, UJJAIN (MADHYA PRADESH)
G P VYAS S/O JITENDRA NARAYAN VYAS, AGED ABOUT
59 YEARS, WORKING AS ATTENDANT IN UJJAIN
92. SAHAKARI DUGDH SANGH MYDT UJJAIN, R/O 120
CHOUSAT YOGINI MATA MANDIR UJJAIN (MADHYA
PRADESH)
S N PATEL S/O K M PATEL, AGED ABOUT 67 YEARS,
OCCUPATION: RETIRED EMPLOYEE R/O C-21 /11
93.
MAHAKAL VANIJIYIK KENDRA UJJAIN (MADHYA
PRADESH)
A K JAISWAL S/O R M JAISWAL, AGED ABOUT 60 YEARS,
94. OCCUPATION: RETIRED EMPLOYEE, R/O MIG 204
MEGHDOOT NAGAR MANDSAUR (MADHYA PRADESH)
MOHAN TARE S/O R C TARE, AGED ABOUT 59 YEARS,
WORKING BOILER MAN IN UJJAIN SAHAKARI DUGDH
95.
SANGH MYDT UJJAIN R/O 203 GANESHPURA MARKET
ROAD UJJAIN(MADHYA PRADESH)
KANHYALAL S/O GANGA RAM KAITHWAS, AGED ABOUT
96. 62 YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O 33/6
KANCHAN ROAD MAXI ROAD UJJAIN (MADHYA
PRADESH)
97. MADHU SUDAN MEHTA S/O SHRI K L MEHTA, AGED
10

ABOUT 53 YEARS, WORKING AS ATTENDANT IN UJJAIN
SAHAKARI DUGDH SANGH MYDT R/O PURUSHOTTAM
MANDIR GOLA MANDI AGRAWAL DHARMSHALA KE
SAMNE UJJAIN (MADHYA PRADESH)
VIJAY MAJUMDAR S/O MALHAR ROA, AGED ABOUT 60
98. YEARS, RETIRED EMPLOYEE, R/O 105 MANGAL
COLONY SETHI NAGAR UJJAIN (MADHYA PRADESH)
VIJAY SINGH CHOUHAN S/O SARDAR SINGH, AGED
ABOUT 58 YEARS, WORKING AS VILLAGE EXTENSION
99.
DUGDH SANGH MYDT UJJAIN R/O POST GRAM RUNEEJA
TAHSIL BADNAGAR UJJAIN (MADHYA PRADESH)
S N GUPTA S/O L N GUPTA, AGED ABOUT 60 YEARS, TO
BE RETIRED EMPLOYEE, R/O 13 SARASVATI NAGAR
100.
SANJIN NAAKE KE PAAS, MANDSAUR (MADHYA
PRADESH)
SASHI SACHWANI W/O SURESH SACHWANI, AGED
ABOUT 52 YEARS, WORKING AS LADY INSTRUCTOR IN
101. UJJAIN SAHAKARI DUGDH SANGH MYDT UJJAIN, R/O
163 TAKSHASHILA SHASTRI NAGAR, RATLAM (MADHYA
PRADESH)
NARMADA PRASAD S/O BAKSHIRAM JI BILWAR, AGED
ABOUT 62 YEARS, RETIRED EMPLOYEE, R/O MAHAVEER
102.
NAGAR GALI NO 4 JAWRA ROAD RATLAM(MADHYA
PRADESH)
DHANPAL JAIN S/O BABULAL JAIN, AGED ABOUT 48
YEARS, WORKING LDC IN UJJAIN SAHAKARI DUGDH
103.
SANGH MYDT UJJAIN R/O 209 SADAR BAZAR
KALOOKHEDA, DISTRICT RATLAM (MADHYA PRADESH)
N K SHARMA S/O RADHA MOHAN SHARMA, AGED
ABOUT 52 YEARS, WORKING AS LDC IN UJJAIN
104. SAHAKARI DUGDH SANGH MYDT UJJAIN, R/O 145 -A SAI
DHAAM COLONY MOHAN NAGAR RATLAM (MADHYA
PRADESH)
K MADHUSUDAN S/O A M KAIMAL, AGED ABOUT 58
YEARS, WORKING AS PROCESSING SUPERINTENDENT
105. IN UJJAIN SAHAKARI DUGDH SANGH MYDT UJJAIN R/O
46 CENTRAL PLAZA KASTOORBA NAGAR ROAD NO. 6
RATLAM (MADHYA PRADESH)
SUNITA JAIN W/O RATNESH JAIN, AGED ABOUT 51
YEARS, WORKING AS LAB TECHNICIAN IN UJJAIN
106.
SAHAKARI DUGDH SANGH MYDT UJJAIN R/O A-64
DEENDAYAL NAGAR RATLAM (MADHYA PRADESH)
107. ANIL TANPURE S/O SHANKAR RAO TANPURE, AGED
ABOUT 60 YEARS, TO BE RETIRED EMPLOYEE, R/O GALI
11

NO 7 TATA NAGAR RATLAM (MADHYA PRADESH)
SURENDRA SINGH CHOUHAN S/O RAM SINGH JI
CHOUHAN, AGED ABOUT 55 YEARS, WORKING AS UDC
108. IN UJJAIN SAHAKARI DUGDH SANGH MYDT UJJAIN, R/O
F- 202 DEENDAYAL NAGAR RATLAM (MADHYA
PRADESH)
RAJU RATHORE S/O SHRIPOONAM CHAND JI RATHORE,
109. AGED ABOUT 60 YEARS, R/O 681 TATA NAGAR GALI NO. 7
RATLAM (MADHYA PRADESH)
SHARAD CHANDRA TIWARI S/O SHRI N P TIWARI, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED EMPLOYEE,
110.
R/O SIRENDRA NAGAR BILAWALI INDORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ANOOP NAIR - SENIOR ADVOCATE - ASSISTED BY MS.
DEVYANI SINGH - ADVOCATE FOR THE PETITIONERS )

AND
THE STATE OF MADHYA PRADESH THROUGH CHIEF
1. SECRETARY GOVERNMENT OF MADHYA PRADESH
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
SECRETARY (ANIMAL HUSBANDRY)-CUM-OIC OF M.P.
2. COOPERATIVE DAIRY FEDERATION LTD., GOVERNMENT
OF MADHYA PRADESH, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
THE COMMISSIONER CUM REGISTRAR COOPERATIVE
3. SOCIETIES GOVT OF MP VINDHYACHAL BHAWAN
BHAWAN (MADHYA PRADESH)
MP COOPERATIVE DAIRY FEDERATION LTD THROUGH
4. MANAGING DIRECTOR DUGDHA BHAWAN, DUGDHA
MARG, HABIBGANJ BHOPAL (MADHYA PRADESH)
THE CHIEF EXECUTIVE OFFICER UJJAIN SAHAKARI
5. DUGDH SANGH MYDT UJJAIN MAKSI ROAD UJJAIN
(MADHYA PRADESH)
.....RESPONDENTS
(STATE BY - SHRI TAPAN BATHRE - PANEL LAWYER)
(RESPONDENT-ORGANIZATION/FEDERATION BY - SHRI
PRANAY GUPTA - ADVOCATE )
12

WRIT PETITION No. 13875 of 2018
BETWEEN:-
SURESH KUMAR GARGAVA S/O LATE H.B. GARGAVA, AGED
ABOUT 69 YEARS, OCCUPATION: RETIRED EMPLOYEE, R/O
75 , MADHUVAN COLONY INDORE M.P.
.....PETITIONER
(BY SHRI ANOOP NAIR - SENIOR ADVOCATE - ASSISTED BY MS
DEVYANI SINGH - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
1. SECRETARY COOPERATIVE DEPARTMENT GOVERNMENT
OF M.P. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
THE COMMISSIONER CUM REGISTRAR COOPERATIVE
2. SOCIETIES GOVERNMENT OF MADHYA PRADESH
VINDHYACHAL BHAWAN BHOPAL (MADHYA PRADESH)
M P COOPERATIVE DAIRY FEDERATION LTD., THROUGH
3. MANAGING DIRECTOR DUGDHA BHAWAN DUGDHA MARG
HABIBGANJ BHOPAL (MADHYA PRADESH)
INDORE SAHAKARI DUGDH SANGH MYDT. THROUGH
4. CHIEF EXECUTIVE OFFICER CHANDA TALAWALI
MANGLIA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(STATE BY - SHRI TAPAN BATHRE - PANEL LAWYER)
(RESPONDENT-ORGANIZATION/FEDERATION BY - SHRI
PRANAY GUPTA - ADVOCATE )

WRIT PETITION No. 18591 of 2018

BETWEEN:-
COOPERATIVE DAIRY PENSIONERS WELFARE
ASSOCIATION THROUGH ITS PRESIDENT DR. ASHOK
1. KUMAR NIGAM S/O LATE D.P.NIGAM, R/O DK - 2/18, VIEW
POINT DANISH KUNJ KOLAR ROAD, BHOPAL, (MADHYA
PRADESH)
DR. VISHWANATH AGNIHOTRI S/O LATE DR. B.P.
AGNIHOTRI, AGED ABOUT 66 YEARS, RETIRED ASSISTANT
2. GENERAL MANAGER (CADRE OFFICER), R/O VILLAGE
AND POST DUARI, TEHSIL GURH, DISTRICT REWA (M.P.)
(MADHYA PRADESH)
13

.....PETITIONER
(BY SHRI SIDDHARTH SETH - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
1. SECRETARY ANIMAL HUSBANDRY VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
REGISTRAR COOPERATIVE SOCIETIES MADHYA
2. PRADESH, VINDHYANCHAL BHAWAN, BHOPAL (MADHYA
PRADESH)
3. M.P. STATE COOPERATIVE DAIRY FEDERATION LTD.
THROUGH MANAGING DIRECTOR DUGDHA BHAWAN
DUGDH MARG HABIBGANJ BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(STATE BY - SHRI TAPAN BATHRE - PANEL LAWYER)
(RESPONDENT-ORGANIZATION/FEDERATION BY - SHRI PRANAY GUPTA -
ADVOCATE )

WRIT PETITION No. 12612 of 2022

BETWEEN:-
SARDAR DILBAG SINGH LUTHRA S/O LATE SHRI NIHAL
SINGH LUTHRA, AGED ABOUT 69 YEARS, OCCUPATION:
1. MARKETING PROMOTER, BHOPAL COOPERATIVE DAIRY
FEDERATION, R/O HOUSE NO. 206 B EAST KAMLA NAGAR,
C SECTOR BHEL, BHOPAL M.P. (MADHYA PRADESH)
PRAVEEN SINGH BISHT S/O LATE SHRI KUNAL SINGH
BISHT, AGED ABOUT 65 YEARS, OCCUPATION: SENIOR
2. TECHNICIAN BHOPAL COOPERATIVE DAIRY FEDERATION
R/O D-6 AMRA VIHAR PHASE-4 KOLAR ROAD BHOPAL M.P.
(MADHYA PRADESH)
KASHIRAM PUSHPAD S/O LATE SHRI KEVEL PUSHPAD,
AGED ABOUT 65 YEARS, OCCUPATION: PARICHARAK
3. BHOPAL COOPERATIVE DAIRY FEDERATION, R/O HOUSE
NO.4/7 NEAR SHIV MANDIR CHANKYAPURI AISHBAG
BHOPAL M.P.
OMPRAKASH S/O LATE SHRI GENDALAL, AGED ABOUT 66
YEARS, OCCUPATION: DRIVER HOUSE NO. 136
4.
IBRAHIMGANJ GHASIRAI KA BAG MAIN ROAD BHOPAL
M.P.
5. MALKHAN SINGH AHIRWAR S/O LATE SHRI BHEROLAL
14

AHIRWAR, AGED ABOUT 66 YEARS, R/O HOUSE NO. 7014
SHIV NAGAR COLONY SOUTH T.T. NAGAR BEHIND 74
BUNGALOW BHOPAL M.P.
SMT. PUSHPA BISHT W/O T.S. BISHT, AGED ABOUT 70
YEARS, OCCUPATION: COOPERATIVE SUPERVISOR
6. BHOPAL COOPERATIVE DAIRY FEDERATION R/O LIG-166
MATA MANDIR MUKHYA POST OFFICE HARSHVARDHAN
NAGAR HUZUR BHOPAL M.P. (MADHYA PRADESH)
SARMAN BHILVARE S/O SHRI PARMANAND BHILVARE,
AGED ABOUT 69 YEARS, OCCUPATION: DAIRY ATTENDANT
7. BHOPAL COOPERATIVE DAIRY FEDERATION R/O HOUSE
NO. 64/15 SUNHARIBAG IN FRONT OF BLOCK NO. 7 SOUTH
T.T. NAGAR BHOPAL M.P.
.....PETITIONER
(BY SHRI AWDHESH KUMAR SINGH - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY ANIMAL HUSBANDRY
1.
MANTRALAYA, VALLABH BHAWAN, BHOPAL (M.P.)
(MADHYA PRADESH)
THE COMMISSIONER CUM REGISTRAR COOPERATIVE
2. SOCIETIES GOVERNMENT OF MADHYA PRADESH
VINDHYANCHAL BHAWAN BHOPAL M.P.
THE M.P. COOPERATIVE DAIRY FEDERATION LIMITED
3. THROUGH MANAGING DIRECTOR DUGDHA BHAWAN
DUGDHA MARG HABIBGANJ BHOPAL M.P.
THE CHIEF EXECUTIVE OFFICER BHOPAL SAHAKARI
4. DUGDHA SANGH MYDT. BHOPAL DUGDHA MARG
HABIBGANJ BHOPAL M.P.
.....RESPONDENTS
(STATE BY - SHRI TAPAN BATHRE - PANEL LAWYER)
(RESPONDENT-ORGANIZATION/FEDERATION BY - SHRI
PRANAY GUPTA - ADVOCATE )
................................................................................................................................................

Reserved on : 04.04.2024
Pronounced on : 02.05.2025
.......................................................................................................................
This petition having been heard and reserved for orders, coming on
15

for pronouncement this day, the court pronounced the following:

ORDER

All these petitions involve identical question as to whether the decision taken by the Board of Directors in respect of the employees of the Society/Federation granting them benefit of 5 th and 6th Pay Commission can be interfered with by the Registrar of the Cooperative Society or not?

2. As per counsel for the petitioners, the Board of Directors have taken decision and resolved that the benefit of 5 th and 6th Pay Commission has to be provided to the employees of the Society/Federation, but the Registrar interfered in the same to the extent that the benefit can be granted to the said employees from the date subsequent to the date which has been resolved by the Board of Directors for granting the said benefit. The challenge is therefore confined to the extent that Registrar is not competent to interfere in the matter and whatever date resolved by the Board of Directors for granting benefit of 5th and 6th Pay Scales to its employees cannot be disturbed by the Registrar. The petitioners have placed reliance upon a judgment passed by the High Court in WP No. 7829/2009-Subhash Chandra vs. M.P. State Cooperative Dairy & others decided on 05.02.2024.

3. Per contra, learned counsel appearing for the respondents- Organization has opposed the submission made by the learned counsel for the petitioners and submitted that Registrar is the competent

authority and having all powers to interfere with the decision of Board of Directors, which has been taken by them relating to service conditions of the employees of the society. He has placed reliance upon the provisions of Section 48-C of the M.P. Co-operative Societies Act, 1960 (for short 'Act, 1960'). He has submitted that Section 48-C(e)(ii) of the Act, 1960 very categorically deals with the powers of Registrar saying that any other matter relating to staff can be taken only with the approval of the Registrar. He has submitted that in view of the aforesaid the independent decision of the Board is not sufficient but any decision which is approved by the Registrar, can only be implemented and the Registrar has all powers to interfere in the decision of Board of Directors. He submits that the Registrar has not refused to grant the benefit, but taking note of the financial condition of the Organization has taken a decision to grant the said benefit to the employees not from the date which has been resolved by the Board of Directors but from a subsequent date as the financial condition of the Organization is not good and that decision, according to learned counsel, cannot be said to be illegal and without any competence. As such, he has submitted that the decision of the Registrar cannot be interfered with because it was well within his competence.

4. Learned counsel for the respondents has also submitted that Rules 5 of M.P. State Cooperative Dairy Federation Karmchari Bharti, Vargikaran Tatha Seva Sharten Viniyam, 1985 (for short, Rules, 1985) and clause 27.1.15 of Bye-laws of the society provide competence to the Registrar to interfere in the decision of the Board of Directors and as per these provisions without approval of the Registrar, no decision in

respect of the service conditions of the employees can be taken by the Board of Directors. He has submitted that petition is without any substance and is liable to be dismissed accordingly.

5. No other point is argued by the learned counsel for the parties.

6. Considering the rival contentions of the learned counsel for the parties and after perusal of record, the only controversy, as reflects in the present case as to whether petitioners are entitled to get the benefit of 5 th and 6th Pay Commission as per the decision taken by the Board of Directors or from the date when it has been recommended by the Registrar, Co-operative Societies.

7. Shri Nair appearing with Miss Singh has pointed that the issue involved in this case has already been settled by the coordinate Bench of the Indore Bench of this Court in the case of Subhash Chandra (supra). In the said case, while dealing with the controversy, the Court relying upon an order rendered in WP No. 4641/2010-President Jila Sahkari Bank Karmchari Pensioner's Sangh & Anr. vs. Principal Secretary & others decided on 30.06.2023 has considered the issue as to whether the Registrar has any competence to interfere in the decision taken by the Board of Directors or not and finally the Court reached to the conclusion that the Registrar has no competence to do so. It is also observed by the Court that denial of the benefit of the Pay Scales only on the ground of non-availability of funds with the respondents is hardly a justification for not granting the said benefit. The High Court finally observed that no interference in the decision of Board of Directors can be made by the Registrar and directed that the benefit of 5 th Pay

Commission has to be granted w.e.f. 01.01.1996 and 6 th Pay Commission w.e.f. 01.01.2006.

8. However, Shri Gupta appearing for the respondents has pointed out that Section 48-C(e)(ii) of the Act, 1960 provides that the decision taken by the Board of Directors cannot be implemented without approval of the Registrar. He has also stressed upon the provision of Rule 5 of Rules, 1985 and the provisions of Bye-laws dated 27.01.2015 saying that such power is only vested with the Registrar and without his approval no decision can be taken, although perusal of Rule 5 makes it clear that it does not deal with the situation as it provides that if any amendment or deletion is required in the provisions of Rules, 1985 then that will be done with the approval of the Registrar, but here there is no amendment or deletion is made in the provision of Rules, 1985 and as such Rule 5 has no application in the present case. So far as Bye-laws of the respondent-Federation are concerned, Clause 27.1.15 of the Bye- laws deals with the power of Board of Directors and as per the said provision it is well within the domain of the Board of Directors to make any rule in respect of employees of the respondent-Organization and even if any amendment or deletion is required in the Rules that can also be done by the Board of Directors. In the present case although a decision has been taken by the Board of Directors for implementing the decision of the State Government granting benefit of 5 th and 6th Pay Commission to its employees from a particular date and as such Board of Directors have decided that the benefit of 5 th and 6th Pay Commission to the employees of respondent-Organization be also granted from the said date, however, the Registrar recommended some other date for

granting the said benefit citing poor financial condition of the respondent-Organization, although this aspect has already been considered by the High Court on earlier occasion in the case of Subhash Chandra (supra) and finally observed that the Registrar is not competent to interfere in the decision of the Board of Directors. Therefore, I find no reason to take a different view than that of the view already taken by the coordinate Bench in the case of Subhash Chandra (supra).

9. In Subhash Chandra (supra), the coordinate Bench relying upon a decision rendered in the case of President, Jila Sahkari Bank Karmchari Pensioner's Sangh, Ujjain (supra) observed as under:-

"3. In President, Jila Sahakari Bank Karmchari Pensioner's Sangh, Ujjain (supra) it has been held by this Court as under :-

"05. From a perusal of the reply filed by respondents 3 and 4, it is apparent that the entitlement of petitioners for receiving benefits of 5th Pay Commission with effect from 01.01.1996 has not been denied in principle by them. The first ground which has been taken for such denial is the poor financial condition of the bank at the time when the recommendations were made which continued upto the date when the recommendations have been directed to be implemented. Since the bank was suffering losses, the benefits could not be extended to petitioners and as soon as the condition improved the same has been done. This defence of respondents 3 and 4 is not liable to be accepted and deserves to be rejected. The entitlement of petitioners to the benefits of 5th Pay Commission cannot be denied to them merely on the ground that respondent No.3 bank has suffered losses. Such entitlement of

petitioners is a vested and a legal right and once it is held that they are entitled for the same, then it is a legal obligation of respondent No.3 bank to extend the benefits to them which cannot be denied merely on the ground of alleged losses suffered by the bank. The service conditions of employees such as petitioners are governed by statutory rules and if a provision is made therein for extending of any particular benefit, then the same has to be so extended and cannot be denied on any ground moreso the ground of financial constraint. It is not a case that respondent No.3 bank has been closed or liquidated. It has been very much running and as per the return itself subsequent to 2007 it started making profits. Moreover, from the rejoinder filed by the petitioner, it is clear that on account of a scheme framed by the State Government namely, Rin Mukti Scheme, the State Government has waived loan of farmers and loans have been repaid by the State Government as well as by the Central Government due to which no loss whatsoever has been caused to the bank. The ground as raised thus is also factually incorrect.

06. The second ground taken by respondents 3 and 4 for denying benefits to petitioners is the letter dated 05.07.2005 of the Registrar, Cooperative Societies directing banks such as respondent No.3 bank to extend benefits of 5th Pay Commission to the employees only if it has earned profits in last three consecutive years. The aforesaid direction of the Registrar, Cooperative Societies is without any legal sanction, authority or jurisdiction. The Registrar has no such power to direct respondent No.3 bank as to from which date the benefits of 5th Pay Commission have to be extended by it. This is beyond the competence of the Registrar and no such competence has been pointed out. The extension of benefits of 5th Pay Commission was to be made immediately upon the recommendations having been decided to be

implemented. There was no provision therein that despite resolving to implement them, the same shall be done as per the directions of the Registrar. In directing so the Registrar has tried to overreach the recommendation which is legally impermissible. The letter dated 05.07.2005 of the Registrar thus has to be ignored.

07. The impugned decision has been taken in the year 2007 whereas the instant petition has been filed in the year 2010 which cannot in any manner said to be belated. As a result of the aforesaid discussion, the petition deserves to be and is accordingly allowed. Respondents are directed to grant the benefit of 5th Pay Commission with effect from 01.01.1996 to all the employees and to revise the pension and to pay them arrears within a period of six months from the date of receipt of certified copy of this order."

4. When the facts of the present case are examined in the light of the aforesaid decision it is apparent that the petitioner as well as the petitioners of that petition are similarly placed. The petitioner is also entitled to grant of benefits as have been conferred upon the petitioners of that petition. Denial of the same only on the ground of non-availability of funds with the respondents can hardly be any justification for withholding or not granting the benefit to the petitioner."

10. Thus, taking into consideration each and every aspect of the matter and also the settled legal position as has been referred hereinabove, I am also of the view that the poor financial condition of the respondent-Organization cannot be a ground to deny the claim of the petitioner and it is also settled that the Board of Directors are competent to take such decisions. Even otherwise, the respondents have not filed any document so as to establish that the respondent-Organization is

suffering loss and their financial condition is not so sound that they cannot grant benefit of 5th and 6th Pay Commission to its employees.

11. In the result, the petition is allowed directing respondents to implement the resolution of the Board of Directors passed in favour of the employees-petitioners granting them benefit of 5 th Pay Commission w.e.f. 01.01.1996 and benefit of 6th Pay Commission w.e.f. 01.01.2006. The aforesaid exercise be completed within a period of six months and as a consequence thereof, the respondent-Organization shall also make all the consequential revision in pension and pay scale of the petitioners alongwith arrears.

(SANJAY DWIVEDI) JUDGE

Raghvendra

RAGHVENDRA SHARAN SHUKLA 2024.05.03 10:59:09 +05'30'