Madhya Pradesh High Court
Subhash Chandra Upadhyay vs M.P. Paschim Kshetra Vidyut Vitran Co. ... on 22 January, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2025:MPHC-JBP:3039
1 WP-41800-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 22nd OF JANUARY, 2025
WRIT PETITION No. 41800 of 2024
SUBHASH CHANDRA UPADHYAY
Versus
M.P. PASCHIM KSHETRA VIDYUT VITRAN CO. LTD. AND OTHERS
Appearance:
Shri Ashok Kumar Gupta - Advocate for the petitioner.
Shri K.S. Baghel - Government Advocate for the State.
ORDER
This writ petition has been preferred by the petitioner seeking the following
reliefs :-
"i. To Issue a Writ of Mandamus Directing the respondents to
extend the benefit of higher pension as per law, to the petitioner
and grant him all consequential benefits along with interest
thereof.
ii. To Issue a Writ of Mandamus Directing the respondents to
extend the benefit of higher pension as per the joint application
submitted under Para 11(3) Employee pension scheme, in light of
Hon'ble supreme court Judgment rendered in RC GUPTA
(supra).
iii. Any other relief as deemed appropriate by this Hon'ble Court
may also be granted including cost of litigation."
2. Learned counsel for the petitioner submits that the petitioner's case is covered
by the decision of Hon'ble Supreme Court in the case of R.C. Gupta & Ors. vs.
Regional Provident Fund Commissioner Employees Provident Fund Organisation &
Ors. in Civil Appeal No(s).10013-10014 of 2016 (decided on 04.10.2016). He submits
that in this regard petitioner has already submitted his representation (Annexure P/2) to
respondent 5, but the same has not been decided so far. He further submits that
petitioner may be permitted to resubmit representation in respect of his grievances with
further direction to respondent 5 to decide the same in the light of decision in the case
of R.C. Gupta & Ors. (supra) by passing a reasoned and speaking order in a time bound
NEUTRAL CITATION NO. 2025:MPHC-JBP:3039
2 WP-41800-2024
manner.
3. The prayer made on behalf of the petitioner has not been opposed by the
learned counsel appearing for the respondents/State.
4. After hearing learned counsel for the parties, the innocuous prayer made on
behalf of the petitioner is hereby accepted with a direction to the petitioner to resubmit
his representation to respondent 5-Assistant Provident Fund Commissioner, (Pension),
Indore, within a period of 15 days and in turn, respondent 5 is directed to consider and
decide the representation of the petitioner taking into consideration the decision in the
case of R.C. Gupta & Ors. (supra) within a period of 90 days from the date of receipt of
representation along with the certified copy of this order passed by this Court today by
passing a reasoned and speaking order.
5. If the case of petitioner is found to be covered by the decision in the case of
R.C. Gupta & Ors. (supra), the petitioner shall be given the requisite benefit in
accordance with law.
6. It is also directed that respondent 5 shall intimate the decision on
representation to the petitioner.
7. It is made clear that this Court has not expressed any opinion on merits and
demerits of the case.
8. With the aforesaid, this writ petition is disposed off.
9. Misc. application(s), pending if any, shall stand closed.
(DWARKA DHISH BANSAL)
JUDGE
Arun*
