Madhya Pradesh High Court

Suresh Sharma vs The State Of Madhya Pradesh on 5 May, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:20905




                                                               1                           WP-14849-2025
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                    ON THE 5 th OF MAY, 2025
                                                WRIT PETITION No. 14849 of 2025
                                                 SURESH SHARMA
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                            Shri Ashok Kumar Gupta - Advocate for the petitioner.
                            Shri K.S. Baghel - Govt. Advocate for respondents/State.

                                                                   ORDER

This writ petition has been preferred by the petitioner seeking following reliefs :-

"(i). To Issue a Writ of Mandamus Directing the respondents to pay benefit of pay scale arrears dearness allowance by revising the same as per terms of settlement dated 3rd February 1988 along with 12% interest.

(ii) To direct the respondents to consider and decide the representation of the petitioner in accordance with law and judgment of the Hon'ble Supreme Court in civil appeal number 312/13 and judgment of this Hon'ble court in WP 10639/19.

(iii) Grant any other relief this Hon'ble Court deems fit and just in the facts and circumstances of the case"

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 Rajya Parivahan Karamchari Mahasangh vs. M.P. Road Transport Corporation &

NEUTRAL CITATION NO. 2025:MPHC-JBP:20905

2 WP-14849-2025 Ors passed in SLP (C) No.32869/2017 decided on 05.02.2019 and a coordinate Bench of this Court in the case of Ashutosh Pandey and others vs. The State of Madhya Pradesh and others in Writ Petition No.10639 of 2019 decided on 23/10/2024. He submits that in this regard petitioner has already submitted his representation dated 20.11.2024 (Annexure P/11) to respondent, but the same has not been decided so far. He further submits that petitioner may be permitted to resubmit representation in respect of his grievance with further direction to respondent 2 to decide the same in the light of decisions in the case of Rajya Parivahan Karamchari Mahasangh (supra) and Ashutosh Pandey and others (supra) by passing a reasoned and speaking order in a time bound 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 2-Managing Director, M.P. Road Transport Corporation, Bhopal within a period of 15 days and in turn, respondent 2 is directed to consider and decide the representation of the petitioner taking into consideration the decisions in the case of Rajya Parivahan Karamchari Mahasangh (supra) and Ashutosh Pandey and others (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 decisions in

NEUTRAL CITATION NO. 2025:MPHC-JBP:20905

3 WP-14849-2025 the case of Rajya Parivahan Karamchari Mahasangh (supra) and Ashutosh Pandey and others (supra), the petitioner shall be given the requisite benefit in accordance with law.

6 . It is also directed that respondent 2 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