Madhya Pradesh High Court
A.K. Choudhary vs The State Of Madhya Pradesh on 25 August, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 25th OF AUGUST, 2025
WRIT PETITION No. 13887 of 2025
A.K. CHOUDHARY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vinod Shankar Trivedi - Advocate for the petitioner.
Smt. Smriti Sinha Panel Lawyer for the respondent-State.
Shri Sunil Kumar Gautam, Advocate for the respondent No.2.
ORDER
The present petition has been filed by the petitioners seeking the
following reliefs:-
"7.1 To issue Writ in the nature of certiorari, kindly directed the respondents
for payment of deferential amount on gratuity encashment and ex-gratia from
the date of retirement till its actual payment.
7.2 To issue Writ in the nature of certiorari, kindly directed to the respondents
for payment of 6%amount with rupees 5000/- cost as directed by the Hon'ble
Indore Court vide the Annexure P/5.
7.3 Kindly be pleased to any other relief which this Hon'ble Court may deem
fit and proper in the circumstances of the case along with cost. Therefore, it is
most humbly prayed that this Hon'ble Court may kindly be pleased to:"
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
petitioner is similarly situated and the respondents may deal with the case of
the petitioner in similar manner.
3. The Co-ordinate Bench in W.P. No. 25598/2019 has passed the
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following orders:-
"After notice, the respondents have filed reply denying the aforesaid
relief only on the ground 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 passing 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-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
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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 payment."
4. In view of the aforesaid, this petition is disposed of directing the
respondents to examine the parity of the petitioners with the aforesaid case.
5. If the case of the petitioner is found to be at par, then similar
benefits be extended to the petitioners after examining the matter.
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6. Let appropriate action be taken within a period of two months from
the date of production of certified copy of this Order.
7. Petition is disposed of.
(VIVEK JAIN)
JUDGE
MISHRA
