Madhya Pradesh High Court
Suresh Kumar Dubey vs The Managing Director on 13 August, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2025:MPHC-JBP:38466
1 WP-23187-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 13th OF AUGUST, 2025
WRIT PETITION No. 23187 of 2025
HABIB QURESHI AND OTHERS
Versus
THE MANAGING DIRECTOR
Appearance:
Shri Mukesh Kumar Mishra - Advocate for the petitioners.
WITH
WRIT PETITION No. 27272 of 2025
SURESH KUMAR DUBEY AND OTHERS
Versus
THE MANAGING DIRECTOR AND OTHERS
Appearance:
Shri Mukesh Kumar Mishra - Advocate for the petitioners.
ORDER
The present petition has been filed by the petitioners seeking the
following reliefs:-
''''7.1. Issue a writ in the nature of mandamus and direct to the
respondents to give arrears of gratuity, ex-gratia and leave
encashment within a period of 90 days with interest @ 6% p.a.
from the date of payment of dearness allowance till the date of
actual payment, in the interest of justice.
7.2 Issue any other writ, order or direction as this Hon'ble Court
deem fit and proper in view of the facts and circumstances of the
case may kindly be granted to the petitioners.
2. Learned counsel for the petitioners at the outset submits that the said
question has been recently decided by the Co-ordinate Bench at Indore in
W.P. No. 25598/2019 vide order dated 27.03.2023 and the case of the
NEUTRAL CITATION NO. 2025:MPHC-JBP:38466
2 WP-23187-2025
petitioners is similarly situated and the respondents may deal with the case of
the petitioners in similar manner.
3. The Co-ordinate Bench in W.P. No. 25598/2019 has passed the
following orders:-
"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. 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-
NEUTRAL CITATION NO. 2025:MPHC-JBP:38466
3 WP-23187-2025
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 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
NEUTRAL CITATION NO. 2025:MPHC-JBP:38466
4 WP-23187-2025
payment."
4. In view of the aforesaid, these petition are disposed of directing the
respondents to examine the parity of the petitioners with the aforesaid case.
5. If the case of the petitioners are found to be at par, then similar
benefits be extended to the petitioners after examining the matter.
6. Let appropriate action be taken within a period of two months from
the date of production of certified copy of this Order.
7. Petitions are disposed of.
(MANINDER S. BHATTI)
JUDGE
Praveen
