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2017 Supreme(Chh) 529

MANINDRA MOHAN SHRIVASTAVA
Laxmikant Taywade S/o Late Shri Ram Bhau – Appellant
Versus
Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Ajay Shrivastava, Advocate
For the Respondent:Shri P.K.C. Tiwari, Sr. Advocate with Shri Kripesh Kela, Advocate Shri Satish Gupta, G.A., Shri Sourabh Sharma, Advocate

ORDER :

The aforesaid two petitions are being disposed off by this common order as these petitions involve common question of law for consideration in the matter of payment of interest on provident fund deposit to an employee of respondent/Municipal Corporation, Rajnandgaon.

2. Murlidhar Hariharno, petitioner in WP No.4640 of 1999 and petitioner Laxmi Kant Taywade in WPS No.3458 of 2007 were initially appointed in the services of the then Municipal Council Rajnandgaon. While these two employees were continuing in the services of the Municipal Council, Municipal Council was upgraded and notified as Municipal Corporation under the provisions of Madhya Pradesh Municipal Corporation Act, 1956 (In short “the Act of 1956”). Both the petitioners were continuing in service and finally retired as employee of Municipal Corporation Rajnandgaon. Petitioner-Murlidhar Hariharno retired from the post of Lecturer upon attaining the age of superannuation on 28-02-1988. Petitioner Laxmikant Taywade was also retired from the post of Lower Division Clerk on 31-1-2004. The aforesaid facts are not disputed and admitted by all the parties.

3. At the time of their respective retirement, respective petitioner













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