Madhya Pradesh High Court
R.P. Payasi vs The State Of Madhya Pradesh on 22 May, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 22 nd OF MAY, 2024
WRIT PETITION No. 17015 of 2014
BETWEEN:-
R.S. TRIPATHI S/O LATE SHRI JAGANNATH PRASAD
TRIPATHI, AGED ABOUT 53 YEARS, OCCUPATION:
WORKING AS SENIOR VILLAGE EXTENSION
ORGANIZER JABALPUR SAHAKARI DUGDHA SANGH
MARYADIT JABALPUR, DISTRICT JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
PARAG TIWARI AND SHRI ADITYA VEER SINGH - ADVOCATES)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE SECRETARY FINANCE DEPARTMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. PROJECT COORDINATOR M.P. DISTRICT
POVERTY IMPLEMENTATION PROJECT BHOPAL
(MADHYA PRADESH)
4. THE DISTRICT PROJECT COORDINATION UNIT
M.P. DPIP SHILPY PLAZA, B-BLOCK, 3RD FLOOR,
REWA (MADHYA PRADESH)
5. MANAGING DIRECTOR M.P. STATE
COOPERATIVE DAIRY FEDERATION LIMITED,
B HOPAL DUGDHA BHAWAN, DUGDHA MARG,
HABIBGANJ, BHOPAL (MADHYA PRADESH)
6. JABALPUR COOPERATIVE DUGDHA SANGH
LIMITED JABALPUR JABALPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 22-05-2024
19:18:53
2
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR TEH
RESPONDENTS NO.1 & 2-STATE, SHRI MANAN AGRAWAL - ADVOCATE
FOR RESPONDENTS NO.3 AND 4 AND SHRI PRANAY GUPTA - ADVOCATE
FOR RESPONDENTS NO.5 AND 6)
WRIT PETITION No. 17022 of 2014
BETWEEN:-
R.P. PAYASI S/O LATE SHRI RAM AVATAR PYASI, AGED
ABOUT 54 YEARS, VILLAGE EXTENSION ORGANIZER,
JABALPUR SAHAKARI DUGDHA SANGH MARYADIT,
JABALPUR, DISTRICT JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
PARAG TIWARI AND SHRI ADITYA VEER SINGH - ADVOCATES)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE SECRETARY FINANCE DEPARTMENT
VALLABH BHAWAN (MADHYA PRADESH)
3. M.P. DISTRICT POVERTY IMPLEMENTATION
PROJECT BHOPAL PROJECT COORDINATION
BHOPAL (MADHYA PRADESH)
4. THE DISTRICT PROJECT COORDINATION UNIT
DPIP SHILPY PLAZA B BLOCK 3RD FLOOR REWA
(MADHYA PRADESH)
5. M.P. STATE COOPERATIVE DAIRY FEDERATION
LIMITED MANAGING DIRECTOR DUGDHA
BHAWAN DUGDHA MARG HABIBGANJ (MADHYA
PRADESH)
6. JABALPUR COOPERATIVE DUGDHA SANGH
LIMITED JABALPUR JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR TEH
RESPONDENTS NO.1 & 2-STATE, SHRI MANAN AGRAWAL - ADVOCATE
Signature Not Verified
FOR RESPONDENTS NO.3 AND 4 AND SHRI PRANAY GUPTA - ADVOCATE
Signed by: PUSHPENDRA
PATEL
Signing time: 22-05-2024
19:18:53
3
FOR RESPONDENTS NO.5 AND 6)
WRIT PETITION No. 2120 of 2015
BETWEEN:-
JAI KUMAR JAIN S/O LATE SHRI R.P.JAIN, AGED
ABOUT 56 YEARS, THE THEN POSTED AS
COORDINATOR (LIVE STOCK), DISTRICT POVERTY
INITIATIVE PROJECT (DPIP), NARSINGHPUR,
PRESENTLY POSTED AS V.E.O. (VILLAGE EXTENSION
ORGANIZER), JABALPUR DUGDH SANGH POSTED AT
DUGDH SHEET KENDRA, NARSINGHPUR, DISTRICT
NARSINGHPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
PARAG TIWARI AND SHRI ADITYA VEER SINGH - ADVOCATES)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. PRINCIPAL SECRETARY PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. PROJECT COORDINATOR DISTRICT POVERTY
INITIATIVE PROJECT ARERA HILLS BHOPAL
(MADHYA PRADESH)
4. MANAGING DIRECTOR MADHYA PRADESH
STATE COOPERATIVE DAIRY FEDERATION LTD.
DUGDH BHAWAN, DUGDH MARG HABIBGANJ
(MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER JABALPUR
SAHAKARI DUGDH SANGH MARYADIT NEAR
KARONDA NALA N.H. 7, DISTRICT JABALPUR
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR TEH
RESPONDENTS NO.1 & 2-STATE, SHRI MANAN AGRAWAL - ADVOCATE
FOR RESPONDENTS NO.3 AND 4 AND SHRI PRANAY GUPTA - ADVOCATE
FOR RESPONDENTS NO.5 AND 6)
WRIT PETITION No. 2121 of 2015
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 22-05-2024
19:18:53
4
BETWEEN:-
C.B.KORI S/O LATE SHRI M.L.KORI, AGED ABOUT 53
Y E A R S , THE THEN DISTRICT LIVE STOCK
COORDINATOR AT DPIP, SAGAR, PRESENTLY POSTED
AS V.E.O. (VILLAGE EXTENSION ORGANIZER)
JABALPUR DUGDH SANGH POSTED AT DUGDH SHEET
KENDRA SATNA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
PARAG TIWARI AND SHRI ADITYA VEER SINGH - ADVOCATES)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY DEPARTMENT OF
PANCHAYAT AND RURAL DEVELOPMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3. PROJECT COORDINATOR DISTT. POVERTY
INITIATIVE PROJECT 8 JAIL PAHADI ROAD
ARERA HILLS, BHOPAL (MADHYA PRADESH)
4. MANAGING DIRECTOR MADHYA PRADESH
STATE COOPERATIVE DAIRY FEDERATION LTD
DUGDH BHAWAN DUGDH MARG HABIBGANJ,
DISTRICT BHOPAL (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER JABALPUR SAHKARI
DUGDH SANGH MARYADIT NEAR KARONDA
NALA N.H.7 JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR TEH
RESPONDENTS NO.1 & 2-STATE, SHRI MANAN AGRAWAL - ADVOCATE
FOR RESPONDENTS NO.3 AND 4 AND SHRI PRANAY GUPTA - ADVOCATE
FOR RESPONDENTS NO.5 AND 6)
WRIT PETITION No. 9947 of 2015
BETWEEN:-
DR. K.K. SAXENA S/O SHRI V.P. SAXENA, AGED ABOUT
53 YEARS, OCCUPATION: DISTRICT PROJECT
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 22-05-2024
19:18:53
5
MANAGER, DPIP, DAMOH, DISTRICT DAMOH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
PARAG TIWARI AND SHRI ADITYA VEER SINGH - ADVOCATES)
AND
1. THE STATE OF MADHYA PRADESH ADDITIONAL
CHIEF SECRETARY PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. PRINCIPAL SECRETARY VETERINARY
D EPARTM EN T VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
3. ADMINISTRATIVE COORDINATOR DPIP
PROJECT, MADHYA PRADESH 8 JAIL PAHARI
ROAD, ARERA HILLS, DISTRICT BHOPAL
(MADHYA PRADESH)
4. MANAGING DIRECTOR MADHYA PRADESH CO
OPERATIVE DAIRY FEDERATION LIMITED
DUGDH BHAWAN DUGDH MARG, HABIBGANJ,
DISTRICT BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR TEH
RESPONDENTS NO.1 & 2-STATE, SHRI MANAN AGRAWAL - ADVOCATE
FOR RESPONDENTS NO.3 AND 4 AND SHRI PRANAY GUPTA - ADVOCATE
FOR RESPONDENTS NO.5 AND 6)
WRIT PETITION No. 624 of 2019
BETWEEN:-
DR. ASHOK KUMAR KHARE S/O SHRI S.D. KHARE,
AGED ABOUT 55 YEARS, OCCUPATION: VETERINARY
OFFICER R/O H.NO. 80 VILLAGE AND P.O. PARETHA
TEHSIL HARPALPUR, DISTRICT CHHATARPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
PARAG TIWARI AND SHRI ADITYA VEER SINGH - ADVOCATES)
AND
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 22-05-2024
19:18:53
6
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY M ANTRALAYA VALLABH BHAWAN
BHOPAL MP (MADHYA PRADESH)
3. MANAGING DIRECTOR MP STATE DIARY CO
OPERATIVE FEDERATION LTD DUGDHA BHAWAN
D U G D H A M A R G HABIBGANJ BHOPAL MP
(MADHYA PRADESH)
4. ADMINISTRATIVE COORDINATOR DPIP PROJECT
JAIL ROAD ARERA HILLS BHOPAL MP (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR TEH
RESPONDENTS NO.1 & 2-STATE, SHRI MANAN AGRAWAL - ADVOCATE
FOR RESPONDENTS NO.3 AND 4 AND SHRI PRANAY GUPTA - ADVOCATE
FOR RESPONDENTS NO.5 AND 6)
These petitions coming on for orders this day, th e court passed the
following:
ORDER
Petitioners' contention is that this bunch of petitions are covered by a
decision of a coordinate Bench of this High Court in W.P. No.17709 of 2017
(Vidhyadhar Kamlakar Pingle and others Vs. The State of Madhya Pradesh
and others) decided on 02.05.2024.
2. Shri Manan Agrawal, learned counsel appearing for the respondents No.3
and 4, namely, M.P. District Poverty Eradication Project, Bhopal and the
District Project Coordination Unit, Madhya Pradesh, DPIP submits that this
judgment will not be binding because petitioners are employees of M.P. State
Cooperative Dairy Federation Ltd. and they were taken on deputation in the
Poverty Eradication Project, therefore, they cannot get better terms than what
are available to the employees of the M.P. State Cooperative Dairy Federation
Ltd. In support, Shri Manan Agrawal places reliance on Annexure R/3/1 (W.P.
No.17015/2014), which is a policy decision taken by the Government of
Madhya Pradesh, Panchayat and Rural Development Department, Mantralaya,
M.P., Bhopal to submit that persons who were taken on deputation were
already taken on a higher Pay grade and, therefore, no indulgence is called for.
3. Shri Pranay Gupta, learned counsel appearing for the respondent - M.P.
State Cooperative Dairy Federation Ltd. submits that in Annexure P-2 (W.P.
No.624/2019), which is the minutes of the meeting convened on 30.11.1998 in
regard to taking surplus employees of Doogdh Mahasangh and Tilhan Sangh on
deputation, it is mentioned at Point No.7 that the concerned employees will be
entitled to revised pay scales of the State Government and they will be entitled
to other facilities of the State Government but will not be entitled to deputation
allowance.
4. Shri Pranay Gupta further submits that Boards of different Doogdh
Mahasanghs had taken a decision to implement the scheme of 5th and 6th Pay
Commission recommendations as per their financial condition and the Registrar,
Cooperative Societies had interfered with that decision and had said that
employees will be entitled to the benefits from the date of the resolution of the
respective Board of Directors and not from a previous date.
5. This order of the Registrar has been set aside by the coordinate Bench of
this Court in W.P. No.17709 of 2017. Therefore, for the present, two things are
clear, firstly that though date of grant of 5 th and 6th Pay Commission benefits
may be in dispute but in principle there is a decision to extend benefits of 5th
and 6th Pay Commission recommendations to the employees of the Dairy
Federation. Therefore, respondents No.3 and 4 i.e. M.P. District Poverty
Eradication Project, Bhopal and the District Project Coordination Unit, Madhya
Pradesh, DPIP authorities are not entitled to raise a plea that since that benefit
has not been given to the employees of dairy federation, therefore, they are not
liable to extend the same benefit.
6. Since the judgment of the coordinate Bench in W.P. No.17709 of 2017 is
binding on this court, these petitions are disposed of in the same terms.
Impugned orders are hereby set aside.
7. At this stage, Shri Pranay Gupta submits that the Dairy Federation is
challenging the said order of the coordinate Bench of this Court in appeal.
8. If appeal is filed then decision in these petitions will also follow the suit.
9. In above terms, these writ petitions are disposed of.
(VIVEK AGARWAL)
JUDGE
pp
