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Chattisgarh High Court

Mahendra Kumar Meshram vs Chhattisgarh Infrastructure ... on 29 September, 2015

Author: Prashant Kumar Mishra

Bench: Prashant Kumar Mishra

                                    1

                                                                       NAFR

        HIGH COURT OF CHHATTISGARH, BILASPUR

                         WPS No. 3504 of 2015

1. Mahendra Kumar Meshram S/o Late Shri Namdeo Meshram, Aged About
   49 Years Carpenter, Divisional Workshop, Raipur, R/o H. No. 1243, Near
   Ramkund Ram Mandir, Raipur, P. S. Saraswati Nagar, Dist. Raipur,
   (Chhattisgarh).

2. P. M. Kurain, S/o Shri P. Mathew, Aged About 67 Years Retrader- I,
   Divisional Workshop Rawabhata Raipur, R/o A- 14, Dubey Colony, Via Dal
   Dal Seoni, Raipur, P. S. Mowa, District Raipur, (Chhattisgarh).

3. Bharat Lal Agrawal, S/o Late Shri Raghunath Prasad Agrawal, Aged About
   50 Years Conductor, Durg Depot, R/o Village & Post Mohala, P. S. & District
   Rajnandgaon (Chhattisgarh)

4. Alap Narayan Mishra, S/o Late Shri Chandrika Prasad Mishra, Aged About
   55 Years Upper Division Clerk - I I, Durg Depot, R/o Behind Jivan Plaza
   Complex, Ganjpara, Durg, P. S. Durg, (Chhattisgarh)

5. Sonu Ram Verma, S/o Late Shri Kodu Ram Verma, Aged About 55 Years
   Helper, Rajnandgaon Depot, R/o Village Aurada, P. O. Dhumka, Tehsil
   Rajnandgaon, P. S. Dhumka, District Rajnandgaon (Chhattisgarh).

6. Fariduddin, S/o Late Shri Samsuddin, Aged About 50 Years Driver, Durg
   Depot, R/o Ward No. 4, Nizami Chowk, Krishna Nagar, Bhilai Nagar, P. S.
   Supela, District Durg (Chhattisgarh).

7. Purushottam Masurkar, S/o Late Shri Doma Ji, Aged About 54 Years
   Penter- I I, Divisional Workshop, Raipur, R/o Shri Ram Nagar, Changora
   Bhata, Raipur, P. S. D.D.U. Nagar, District Raipur, (Chhattisgarh)

8. Smt. Durga Devi Chourasiya, W/o Late Shri Suresh Prasad Chourasiya,
   Aged About 47 Years Conductor, Rajnandgaon Depot, R/o Ward No. 8,
   Amapara, Rajnandgaon, P. S. Ambagarh Chowki, District Rajnandgaon
   (Chhattisgarh).

9. Chandan Singh Sando, S/o Late Shri Arjun Singh, Aged About 65 Years U.
   D. C., Divisional Work Shop,raipur, R/o Main Road, Near Katora Talab,
   Raipur, P. S. Civil Line, District Raipur, (Chhattisgarh).

10. Smt. Sunita Tiwari, W/o Shri Arvind Tiwari, Aged About 48 Years Conductor,
    Raipur Depot - I R/o H. No. 625, Sector 2, Near Sakti Mandir, Professor
    Colony, Raipur, P. S. Purani Basti, District Raipur, (Chhattisgarh).

11. Prem Lal Dwivedi, S/o Late Shri Bharat Prasad Dwivedi, Aged About 52
    Years Conductor, Baloda Bazar Depot, R/o Near Banke Vihar Mandir, Chudi
    Line Raipur, P. S. Gole Bazar, District Raipur, (Chhattisgarh)

12. Kamta Prasad Patel, S/o Late Shri Vishram Patel, Aged About 62 Years
    Peon, Rajnangaon Deopt, R/o Near Old Bus Stand, Dau Choura,
                                         2

      Khairagarh, P. S. Khairagarh, District Rajnandgaon, (Chhattisgarh).

   13. Ramashankar Bajpai, S/o Shri Narmada Prasad Bajpai, Aged About 60
       Years Conductor, Baloda Bazar Depot, R/o Near Pital Factory, Baloda
       Bazar, P. S. Baloda Bazar, District Baloda Bazar- Bhatapara,
       (Chhattisgarh).

   14. Kanhaiya Lal, S/o Late Shri Maya Ram, Aged About 61 Years Tin Smith - I,
       Divisional Workshop Raipur, R/o Village & Post Bazar Kurridih, Tehsil
       Nagari, P. S. Keregao, Dist. Dhamtari, (Chhattisgarh).

                                                                  ---- Petitioners

                                    Versus

   1. Chhattisgarh Infrastructure Development Corporation ( Parivahan Prabhag),
      Through Its Managing Director, Shastri Chowk, Raipur (Chhattisgarh).

   2. Madhya Pradesh Road Transport Corporation, Through Its Managing
      Director, Head Office Habibganj, Bhopal ( Madhya Pradesh).

                                                               ---- Respondents

For Petitioners : Shri Vivek Agrawal, Advocate For Respondents : Shri Animesh Verma, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 29/09/2015

1. Petitioners have preferred this writ petition seeking direction to the respondents-authorities to properly compute the statutory interest on the amount impounded in the EDF components known in the jargon of the Corporation as 23%, 34% and 17% of DA to be calculated in the manner prescribed for General Provident Fund Accounts with further prayer to decide their cases as per the decision passed by this Court in the matter of G.K. Gupta Vs. The Managing Director & Others, W.P.(S) No. 6510/2009 together with other connected matters decided on 04/07/2011 and Writ Appeal No. 419/2011 together with other Writ Appeal decided on 16 th July, 2012.

2. Upon hearing learned counsel for the petitioners and on perusal of the judgment rendered by the Single Bench and Division Bench of this Court, 3 this Court deems it appropriate to dispose of the present writ petition in the same terms.

3. Petitioners would be at liberty to move representation before the Madhya Pradesh Road Transport Corporation before whom the claim of the previous set of petitioner namely G.K. Gupta and others is under process. On submission of representation by the petitioners within a period of one month, the same shall be verified and if their cases are similar to the previous set of petitioners, their claim shall also be processed along with the claims of the petitioners of previous writ petitions in the matter of G.K. Gupta (supra).

Sd/-

Judge Prashant Kumar Mishra Ashu