Allowed

Lochan Prasad Mishra and Ors. v. Chattisgarh Infr. Dev. Cor.Th.M.D.

Chhattisgarh HC12 Sept 2011WPS/4462/2007

Case brief

AI extract

What is this about?

This judgment allows a writ petition seeking interest on dearness allowances deposited under the Employees Deposit Fund Scheme. The court directed respondents to calculate and pay interest at specified rates for fiscal years 1995-96 to 2001-02.

What did the court decide?

Directed respondents No.1-CIDC & 2-State of Chhattisgarh to calculate interest on EDF at prescribed rates and pay balance amount within six months.

Lochan Prasad Mishra and Ors. Vs… — Pension and Retirement Benefits | Chhattisgarh HC (2011)

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:Wfi Bt':

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m THE HIGH COURT OF JUDICATURE. AT BBLASPUR,

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CHHAmSGARH

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W. P.tSt^'^'^OF 2007

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PETmONERS:-!/ Lochan Prasad Mishra S/o Late Manbodh

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Prasad Mishra , aged 58 years, Voluntary Retired Transport Supervisor, erstwhile M.P. State Road Transport Corporation/C.G. Y/^. Infrastructure Development Corporation( •_T^/ Parivahan Prabhag), R/o 09 -Man Mandir , }ow,/ .^/M^ Ekta Nagar, L.I.C Colony Road Mova Raipur "y (C.G.). ./ <yL\ /^'Fy ^"/ ^•' ^" ^ <>.f AnU Kumar Kher S/o late S.V.Kher , aged 52 <~"J ^y years , Voluntaiy Retu-ed Upper Division Clerk, Depot Raigarh, erstwhile M.P. State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag), R/o Lane No.l Vikas Nagar , Kotara Road Raigarh (C.G). y^ .•A' v

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^ Kishan Lal Kesharvani S/o Late Chedital

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Kesharvani aged 58 years Booking Agent, Depot va. M.P. /C.G.

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Chouk Raigarh (C.G).

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Akhtar Khan S/o late Hasan Khan aged 52 years, Voluntaiy Retired Conductor Raigarh Depot erstwhfle M.P. State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag), R/o Moudahapara Near Shanber Saw Mffl Vasudeo Pipe Factory Raigarh (C.G).

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R.N.ShukIa S/o Shri Ravindra Narayan Shukla aged 54 years Voluntary Retired Conductor Depot Raigarh, erstwhile M.P. State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag), R/o House No.50,

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Colony Raigarh (C.G). Shukla S/o

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Jashvir Singh Bagga S/o Shri Teja Siagh Sagga, aged 48 years, Voluntary Retired Conductor, Depot Raigarh erstwhile M.P. State Road Transport Corporation / C.G. argil Chouk

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Ranjit Singh Bagga S/o Shri Teja Smgh Bagga aged 50 years Booking Agent Depot State Road Transport Corporation / C.G.

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Inirastructure Development Cofrporation (Parivahan Prabhag), R/o Gurmeet Boot House Shyani TaUdes Road Kargil Chouk Raigarh(C.G).

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Smt Rina Saha W/o Shri Sukuinar Saha aged 47 years Voluntary Retired L.D.C, Depot Raigarh erstwhile M.P. State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag), R/o Bangalpara , Power House Road Raigarh (C.G).

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M.R.Patel S/o Shri Bhoj Ram Patel, aged GO years Voluntary Retired Traffic Supervisor First Depot Raigarh erstwhile M.P. State Road Transport Corporation / C. G. Infrastructure Development Corporation . Vihis (Parivahan Prabhagj.'X /i/o G^iS^o '3 /V^'y,i/ •, feo^tA ^p.oa^i •.la^f^.^t'c-^')^'^"l/ 1. Snit. Ketki Bohidar W/o Late Heinsagar Bohidar aged 47 years, Voluntary Retired U. D .C -2 Depot Raigarh erstwhUe M. P. State

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Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/o Kharra Ghat, Beladula ,Raigarh (C.G). r2. Ramashraya Dubey S/o Late Shivharsh Dubey aged 56 years, Voluntary Retired Driver Depot Raigarh erstwhile M.P. State Road Transport Corporation / C.G. Infrasta-ucture Development Corporation (Parivahan Prabhag) R/o Riyapara Chaninari ,Raigarh (C.G.).

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f. Mrutunjay Devangan S/o Late Dayaram Devangan aged about 58 years, Voluntary Retired U.D.C -2 Depot Raigarh erstwhile M.P. State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/o kotra Road,Raigarh (C.G.).

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^4.^{PurushottaniKohleS/oLateSheshraoKohle} aged about 56 Voluntary Retired years, Assistant Mechanic-II erstwhUe M.P. Depot Raigarh State Road Transport Corporation /C.G. Infrastructure Developraent Corporation (Parivahan Prabhag) R/o Sai Mandir Railway Bangalapara, Raigarh (C.G.). / ^fS. Ujit Ram S/o Late Doulat Ram aged about 62 years Voluntaiy Retired Black Smith -II , erstwhUe M.P. Depot Raigarh State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/o Dhangar Deepa, Shanker Nagar Raigarh (C.G).

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lj6. Preni Chand Jaiswal S/o Late S.P.Jaiswal aged about 52 years, Voluntary Retired 9^ Conductor, erstwhile M.P. Depot Raigarh

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State Road Transport Corporation / C.G Infrastructure Development Corporation (Parivahan Prabhag) R/o C/o Babulal Agrawal Sanjay Maidan Raigarh (C.G). '. Rama Shanker Gupta S/o Late Neta-anand Gupta aged about 52 Voluntaiy years, Retired Helper, ersfrivhile M.P. Depot Raigarh State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/o Rambhata near Church, Raigarh (C.G). 1. Laxmi Prasad Sharma S/o Late Anirudha Sharma aged about 56 years, Voluntary Retired Booking Agent , erstwhile M.P. Depot Raigarh State Road Transport Corporation /C.G. Infrastructure Developinent Corporation (Parivahan Prabhagj R/o Ranisagar Khelbhata Srangarh, Raigarh /(C.G). (. Daraodar Prasad Pipariya S/o Late Rikhi Ram Pipariya aged about 56 years Voluntary Retired Booking Agent , ersfrwhUe M.P. Depot Raigarh State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/ o Block Colony Sarangarh Distt. Raigarh (C.G). ,'20. Abdul Samad Khan S/o Late Jiyat Khan aged about 62 years Voluntaiy Retired Driver , erstwhile M.P. Depot Raigarh State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/o Chandani Chouk /Raigarh (C.G). 2(1. Ashok Ghosh S/o Late Ashwani Ghosh aged -^- about 62 years Voluntary Retired Driver ,

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erstwhile M.P. Depot Raigarh State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/o Kalyan Colony Near RaUway , Station Raigarh (C.G).

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f2. S. P. Sahu S/o Late Daras Ram Sahu aged about 60 years, Voluntaiy Retired, A.S.I erstwhile M.P. Depot Raigarh State Road Transport Corporation / C.G. Infrastructure Development Corporatoion (Parivahan Prabhag) R/o Village Dansara Tehsil /Srangarh Distt. Raigarh (C.G).

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Abdul Rehman S/o Late Ali Jan Miya, aged about 52 years Voluntary Retired, Driver erstwhile M.P. Depot Raigarh State Road Transport Corporation / C.G. Infrastructure Development Corporation (Parivahan Prabhag) R/o New Bus Stand Aajad MohaUa Kunkuri Distt. Jashpur Nagar (C.G). ?4. Baljit Sharnaa S/o Late Munshi Ram Sharma , aged about 46 years presenfly working as L.D.C I.T.I, Raigarh R/o Behind Govemment Hospital Kunkuri Tehsil Kunkuri Distt -Jashpur Nagar (C.G).

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VERSUS

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RESPONDENTS:-K Managing Director, Chhattisgarh Infrastructure Developraent Corporation, (Parivahan Prabhag) Raipur (C.G).

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^Divisional Manager Bilaspur Chhattisgarh Infrastructure Development Corporation, (Parivahan Prabhag) (C.G).

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y^ ^l/-

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CONSTITUTION OF INDIA

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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(Hon.^{IWr.JusticePritinker Diwaker)}

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Writ Petition (S) No. 4462 of 2007

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PETITIONER

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Lochan Prasad Mishra and others

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VERSUS

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RESPONDENTS

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Managing Director, Chhattisgarh Infrastructure Development Corporation and another.

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Shri S.N. Nande counsel for the petitioners. Shri V.R. Tiwari counsel for the respondents.

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WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTtON OF INDIA

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ORDER (12.09.2011)

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This petition involves the question of law as to whether the petitioner is entitled to get interest on deEirness allowances deposited under the Employees Deposit Fund Scheme and by which rate?

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The case of the petitioner, in short, is that in exercise of power conferred under Section 45 of the Road Transport Corporation Act, 1950 "the short Act, 1950"), the Madhya Pradesh Road Transport (for Corporation Employees Deposit Fund (for short "the EDF") has framed the regulation with the previous sanction of the Government, which is known as Madhya Pradesh State Road Transport Corporation Employees Deposit The said Fund Regulations, 1985 (for short "the Regulations, 1985"). regulations were enacted as per Board resolution No.2560 dated 4-9-1985 and with the approval of Home Department and circulated vide circular No. 186 dated 17-03-1986 introducing the employees Deposit Fund Scheme to deposit the arrears of pay/revision of pay/D.A./Additional D.A. By the said regulations, 50% amount^{oftherevisionof} pay^orDAor additional DA are required to be deposited by way of a separate fund known as Employees Deposit Fund and interest on the said amount is payable by the Corporation in accordance with the method of calculation, as prescribed, on year to year basis by the State Government, in respect of

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—^_

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General Provident Fund itself. In view of the aforesaid submissions, it is urged that the amount of dearness allowance ahd the amount of revision of pay are liable to be refunded back to the employees along with interest.

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According to the petitioner, the respondents are required to pay the statutory interest towards amount of 23% D.A. impounded in the Employees Deposit Fund Scheme (from 01-07-1995 to 30-06-1996); 24% of D.A. impounded in the said Scheme (from 01-07-1996 to 31-03- 1999) and 17% of D.A. impounded from 01-04-1999 onwards. For getting the interest, the employees of the Madhya Pradesh State Road Transport Corporation (for short "MPSRTC") approached the respondent authorities by filing several representations etc. When their requests/ representations did not fructify, some of the employees preferred writ petitions before the High Court of Madhya Pradesh bench at Indore. The said writ petitions were disposed of by the Court on 1-10-2007 with the following directions:

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"(a) The respondents are directed to calculate the amount of DA and interest thereon as per the rate prescribed by the Government by their Notifications, and specified in para 4 & 10 above, with in a period of four months from the date of communication of this order. It is further directed that after calculating the said amount of interest, it be paid within a period of one month there after.

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(b) In W.P.(S) No.7723/2006 (S) retiral benefit has not been duly paid as per the petitioner; however, it is open to the petitioner to submit a representation indicating those dues within 15 days from today and shall be decided by the respondents within two months thereafter. If it is found that any amount against retiral due is payable the same be released, otherwise for the remaining retiral dues petitioner shall beat liberty to take recourse of law afresh.

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Being aggrieved by the said order, the MPSRTC preferred writ appeal being W.A. No.638/2007 (The Managing Director, MPSRTC and Another v. Pramod Limaye & Others), which was also dismissed by order dated 0702-2008. There-against, the MPSRTC preferred Special^{LeavePetition} before the Supreme Court, which was also dismissed by order dated 1812-2008 (Annexure P/6). Even for getting the said benefits, some of the

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employees filed contempt petition before the High Court of Madhya Pradesh. According to the counsel for the petitioner, number of identical matters have been decided along with W.P. (S) 6510/2010 (G.K. Gupta v. The Managing Director, CIDC & others) and in all the cases orders have been passed in favour of the petitioners therein and that being so this petition may also be disposed of in terms of order passed in those cases on 4.7.2011. Counsel for the petitioner further submits that the said order passed by this Court has attained finality as the same has not been challenged in the higherjudicial forum.

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Counset for the respondents does not dispute the fact that case of the petitioner is squarely covered by the judgment of the High Court of Madhya Pradesh as also ofthis Court dated 4.7.2011 passedin W.P. (S) 6510/2010 along with many others decided there-with.

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Heard counsel for the parties and perused the material available on record.

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In view of the fair submissions of the parties the present petition is allowed in terms of the order dated 4.7.2011 passed by this Court to the extent that the respondents No.l-CIDC & 2-State of Chhattisgarh are directed to calculate the interest on the EDF at the rate stated below and make payment of balance amount to the petitioner within a period of six months from the date of receipt of a copy of this order.

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S.No.	Year	Rate of interest
1	1995-96	12%
2	1996-97	12%
3	1997-98	12%
4	1998-99	12%
5	1999-00	12%
6	2000-01	11%
7	2001-02	9.5%

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SdA— Pritinker Diwakar Judge

Lochan Prasad Mishra and Ors. v. Chattisgarh Infr. Dev. Cor.Th.M.D.

Case brief

What is this about?

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Lochan Prasad Mishra and Ors. v. Chattisgarh Infr. Dev. Cor.Th.M.D.

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