Madhya Pradesh High Court

Nagar Parishad Baroda vs Radheyshyam Verma on 8 May, 2025

Author: Anand Pathak

Bench: Anand Pathak, Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 8th OF MAY, 2025
WRIT APPEAL NO. 1400 of 2025
NAGAR PARISHAD BARODA
Vs.
RAMKISHAN
&
WRIT APPEAL NO. 1401 of 2025
NAGAR PARISHAD BARODA
Vs.
DINESH KUMAR SHARMA
&
WRIT APPEAL NO. 1402 of 2025
NAGAR PARISHAD BARODA
Vs.
RADHESHYAM VERMA
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APPEARANCE:
Shri Vivek Khedkar - Senior Advocate with Shri Rishabh Singh
Chauhan - Advocate for the appellant.
Shri B.S. Dhakad - Advocate for the respondent.
----------------------------------------------------------------------------------------------------------

JUDGMENT

Per. Justice Anand Pathak

1. Regard being had to similitude of the dispute, all three appeals are being heard analogously and decided by this common judgment. For factual clarity, facts of Writ Appeal No.1400/2025 are taken into consideration.

2. This writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyalaya (Khand Nyaypeeth Ko Appeal) Adhiniym, 2005 is filed by

the appellant (respondent before Writ Court) being aggrieved by the order dated 28-04-2025 passed by learned Single Judge in Writ Petition No.30874/2024 whereby the writ petition preferred by the respondent (hereinafter referred to as "the petitioner") has been allowed.

3. Matter pertains to non payment of retiral dues of the petitioners/respondents employees. Petitioner was employee of the appellant and he served the respondent Nagar Parishad and thereafter he retired from services w.e.f. 31-05-2022. After retirement, some of the retiral dues have been paid by the appellant but the dues of leave encashment and arrears of 7th Pay Commission have been withheld, therefore, he preferred writ petition before learned Writ Court. Learned Writ Court allowed the writ petition and directed the appellant to pay all the dues of the petitioner within fifteen days. Therefore, appellant is before this Court.

4. It is the submission of learned senior counsel for the appellant that because of the financial constraints, appellant could not make full payment to the petitioners employees. Learned counsel for the appellant referred the chart prepared, submitted at page No.29 of this writ appeal in which total payment of Rs.50,60,077/- is to be paid to the different employees. As per chart, petitioner - Ramkishan is to be paid Rs.3,38,258/- in which arrears of 7 th Pay Commission is Rs.42,706/- and leave encashment is Rs.2,95,552/-.

5. At this stage, learned counsel for the appellant submits that remaining amount of all petitioners employees shall be disbursed within three months. Out of which 50% of the dues shall be paid within one month from the date of this order and remaining 50% shall be paid two months thereafter. Thus, within a period of three months, all

retiral dues shall be paid to the petitioners.

6. Learned counsel for the petitioners/respondents although expressed satisfaction to the said aspect of payment but submits that appellant be directed to make payment within a time bound limit. It is further submitted that petitioners employees are running pillar to post and post to pillar since 2022, therefore, payment be made expeditiously.

7. Considering the rival submission and the fact that legitimate dues of petitioners employees are to be paid by the appellant being model employer, appellant cannot escape from its payment liability. Appellant admits liability also. Only predicament is regarding schedule of payment because of condition of appellant council. However, employees have to make both their ends meet and are dependent on the employer, therefore, in the fitness of things, payment be made to the petitioners employees in the following manner:

i. 50% of the legitimate dues shall be paid within one month from the date of this order i.e. on or before 10-06-2025 and rest of the 50% of the dues shall be paid within two months thereafter meaning thereby remaining 50% shall be paid on or before 10- 08-2025.

ii. It is made clear that if payment is not made within the stipulated period then it would carry interest @10% (including of 6% already granted) to the employees for delayed payment. iii. It is further made clear that if the payment is not made within three months then cost of Rs.15,000/- would come in operation which shall be disbursed equally to all the three petitioners. iv. It is further made clear that if payment is not made within the stipulated period then the concerned CMO shall be liable for

contempt of order of this Court personally.

8. Writ appeal stands disposed of in above terms.

                              (ANAND PATHAK)                                              (HIRDESH)
 Anil*                            JUDGE                                                     JUDGE

ANIL


              DN: c=IN, o=HIGH COURT OF MADHYA
              PRADESH BENCH GWALIOR, ou=HIGH


KUMAR
              COURT OF MADHYA PRADESH BENCH
              GWALIOR,

2.5.4.20=8512f40a1a9eaa50b6802d068b 51dae27e84c266b09d283f0799e67cdc7d

CHAURAS f50f, postalCode=474001, st=Madhya Pradesh, serialNumber=EC534CBB3B245F050119F 06F4A296DD83C765A1E2ACC6EC7D8BD

IYA 8CBCC9C2446E, cn=ANIL KUMAR CHAURASIYA Date: 2025.05.09 18:27:13 +05'30'