Madhya Pradesh High Court
Samviliyant Karmchari Samiti, Bhopal vs The State Of M.P. on 3 January, 2022
Author: Chief Justice
Bench: Ravi Malimath
1 WP-20881-2003
IN THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH
AT JABALPUR
ON THE 4th OF JANUARY, 2022
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
WRIT PETITION No. 20881 of 2003
Between:-
1. SAMVILIYANT KARMCHARI KALYAN
SAMITI, BHOPAL, A SOCIETY RGISTERED
UNDER THE SOCIETIES REGISTRIKARAN
ADHINIYAM, 1973, THROUGH ITS
SECRETARY, SHRI KASHINATH ATHALEY.
2. KASHINATH ATHLEY SON OF LATER
SHRI L.G. ATHALEY, AGED ABOUT 67 YEARS,
RESIDENT OF E/3/275, MAHAVIR NAGAR,
BHOPAL
.....PETITIONER
(BY SHRI A.P. SHROTI, ADVOCATE FOR THE PETITIONER)
AND
1. THE STATE OF M.P. (MADHYA PRADESH),
THROUGH SECRETARY, MINISTRY OF
FINANCE, VALLABH BHAWAN, BHOPAL.
2. COMMISSIONER OF TREASURIES,
ACCOUNTS AND PENSION AND EMPLOYEES
WELFARE, GOVERNMENT OF MADHYA
PRADESH, PARYAWAS BHAWAN, JAIL ROAD,
BHOPAL.
3. ACCOUNTANT GENERAL, MADHYA
PRADESH, GWALIOR.
.....RESPONDENTS
(BY SHRI R.K. VERMA, ADDITIONAL ADVOCATE GENERAL FOR
THE RESPONDENTS NO. 1 TO 3)
This petition coming on for hearing this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
The petitioner no. 1 is an association of the labour represented by the Secretary who is petitioner no. 2. The petitioner seeks for the following reliefs:-
"(a) direct the respondents to treat the State Government retired absorbed employees, who got
2 WP-20881-2003 lump-sum amount in lieu of full pension, either under State Government Order dated 28.06.1973 or orders dated 18.05.1976 on par with other State Government Retired Employees/State Government Pensioners for all purposes and grant them all benefits and facilities as are given to any other State Government Retired Employees/State Government Pensioners from time to time;
(b) direct the respondent State to grant the State Absorbees who have got lump sum amount in lieu of full pension either under State Govt. Orders dated 28.6.1973 or Orders dated 18.5.1976 the benefit of restoration of one-third portion of full commuted pension as granted vide State Govt. Order dated 31.7.1985 to other State Govt. Pensioners who have commuted any portion of pension not exceeding one third of pension;
(c) direct the respondent State to grant the absorbees who got lump sum amount in lieu of full pension under State Govt. Order, dated 28.6.1973, the benefit of restoration of residual two third portion of commuted pension from the date their one third portion of full commuted pension is restored;
(d) direct the respondent State to grant benefit of increase in pension due to revision in pension consolidation of pension etc. admissible on full pension from the date of commutation even before they become due for restoration of their commuted portion of pension;
(e) direct the respondents to grant the benefit and facilities as sanctioned to State Govt. retired employees/pensioners from time to time regarding relief, D.A., Interim relief etc. admissible on full pension, from the date they cease to be in the employment of the organisation where they were absorbed in Public interest;
(f) direct the State Govt. to grant medical facilities to the absorbed employees also on par with State Govt. pensioners after they cease to be in the employment of the organisation they were absorbed;
(g) to quash para 2(b) of State Govt. Finance Department Order dated 27.7.1976 (Annexure A/5).
(h) To quash the proviso inserted in Rule 34 of the M.P. Civil Services (Pension) Rules 1976 vide Govt. of 3 WP-20881-2003 M.P. Finance Department Notification No. F.B.6-1- 77-R-11-IV dated 25.1.1977. "
A list of documents has also been produced by the learned counsel for the petitioner which contains a circular dated 05.01.2007 which is in pursuance of the order passed by the Hon'ble Supreme Court in Civil Appeal No. 6048 of 2010 dated 01.09.2016. Therefore, the learned counsel for the respondents pleads that in terms of the said circular, the members of petitioners' society are entitled to get the benefit of the said circular and set up their claim in terms thereof.
The learned counsel for the petitioners has no objection for the same. Hence, this petition is disposed off. The members of the petitioners' society are permitted to move the concerned authority in terms of the circular dated 05.01.2007 issued by the Department of Finance, State of M.P. and proceed further in the matter. The concerned authority to deal with the same in accordance with law.
The learned counsel for the petitioners submits that pursuant to the order passed by the Hon'ble Supreme Court in Civil Appeal No. 6048 of 2010 dated 01.09.2016 the petitioner may be permitted to make a representation to the concerned respondent with regard to the same. Liberty is granted to him to do so.
With the aforesaid, the writ petition is disposed off.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
MSP
Digitally signed by MANVENDRA SINGH PARIHAR
Date: 2022.01.06 14:58:57 +05'30'