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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 30th OF MAY, 2024
WRIT PETITION No. 29890 of 2018
BETWEEN:-
1.
GANGADHAR
JA
W
AHAR
S/O
NATTHUJI
JAWAHAR, AGED ABOUT 66 YEARS, OCCUPATION:
RETIRED G-30 INDUS PARK - 2 AYODHY
A BY
PASS,
HUZUR NARELA SHAKARI BHOPAL (MADHY
A
PRADESH)
2.
JAGANNATH
SOMGADE
S/O
RAJERAM
SOMGADE,
AGED
ABOUT
64
YEARS,
OCCUPATION: RETIRED R/O DUNA
W
A TAHASIL
MULTAI (MADHYA PRADESH)
3.
FUSIY
A PA
W
AR (DEAD) THROUGH LRS. SMT.
MUNNI W/O LATE SHRI FUSIY
A PA
W
AR, AGED
ABOUT 64 YEARS, OCCUPATION: HOUSE WIFE R/O
HOUSE NO. 257 PATEL W
ARD NO. 11 TEHSIL
MULTAI DISTRICT BETUL (MADHYA PRADESH)
4.
SHRI RAM MOHKAR S/O DEWRAO MOHKAR,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
R/O PATEL W
ARD SABJI BAZAR PAMP NO. 2,
MULTAI (MADHYA PRADESH)
5.
S. L. SAHU S/O SHRI MAHENGY
A SAHU, AGED
ABOUT 61 YEARS, OCCUPATION: RETIRED R/O
V
ANUJPAJ BERIY
AR NAGPUR ROAD MULTAI
(MADHYA PRADESH)
6.
B. R. DESHMUKH S/O KESA
V RAO, AGED ABOUT
63 YEARS, OCCUPATION: RETIRED R/O BHAGAT
SINGH WARD MULTAI, (MADHYA PRADESH)
7.
G. G. KARADBHAJNE S/O GANPAT RAO, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED R/O
AMBEDKAR WARD MULTAI (MADHYA PRADESH)
8.
B. L. THAKUR S/O SHRI NAJAR SINGH, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED R/O
CHANDRASHEKHAR W
ARD 16, SADAR (MADHY
A
PRADESH)
9.
SATISH KUMAR PATHAK S/O C. L. PATHAK, AGED
ABOUT 67 YEARS, OCCUPATION: RETIRED R/O
SATISH KUMAR PATHAK CHANDRASHEKHAR
WARD 16, SADAR (MADHYA PRADESH)
10.
DEEPAK KUMAR PATRIKAR S/O R. S. PATRIKAR,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
R/O TAGORE W
ARD, BETUL GANJ BEUTL, CIUVIL
LINES (MADHYA PRADESH)
11.
KRISHAN RAO GEED S/O JAGGUJI GEED, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED R/O
DESHGA BHANDU W
ARD, NEAR MASKII PHOTO
STUDO, TIKARI (MADHYA PRADESH)
12.
SUKHDEO INGLE S/O CHINDHY
A INGLE, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED R/O
SHANK
W
ARD
TELEPHONE
COLONY
VIKAS
NAGAR (MADHYA PRADESH)
13.
RAMLAKHAN SHARMA (DEAD) THROUGH LRS.
SMT. MAY
A SHARMA W/O LATE RAM LAKHAN
SHARMA, AGED ABOUT 67 YEARS, OCCUPATION:
HOUSE WIFE R/O NEAR J.S. SCHOOL BANKHANDI
ROAD MURAINA (MADHYA PRADESH)
14.
LAKHAN LAL PA
W
AR S/O JADDU PA
W
AR, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED R/O
VIVEKANAND W
ARD BEHIND KARUNA HOSPITAL
(MADHYA PRADESH)
15.
UMASHANKER GARHEW
AL S/O LATE F. C.
GARHEW
AL,
AGED
ABOUT
62
YEARS,
OCCUPATION:
RETIRED
R/O
M/20,
SANT
ASHARAM
NAGAR
BAG
SEV
ANIA
BHOPAL
(MADHYA PRADESH)
16.
MAHESH NARAY
AN GUPTA S/O SHRI R. L. GUPTA,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
R/O DUPLEX, PHASE I, ARIHANT VIHAR COLONY
VIDISHA (MADHYA PRADESH)
17.
SANTOSH KUMAR CHORSIY
A S/O GANESH RAM
CHORSIY
A,
AGED
ABOUT
63
YEARS,
OCCUPATION: RETIRED R/O 528, A SECTOR,
ASHOKA GARDEN (MADHYA PRADESH)
18.
NARMADA
PRASAD
RAMKUCHE
S/O
SHRI
GOV
ARDSHAN RAMKUCHE, AGED ABOUT 65
YEARS, OCCUPATION: RETIRED R/O NARMADA
COLONY SIRALI (MADHYA PRADESH)
19.
M.
L.
VISHW
AKARMA
S/O
HIRALAL
VISHW
AKARMA,
AGED
ABOUT
61
YEARS,
OCCUPATION:
RETIRED
R/O
SEY
ARMAU
SELWANI (MADHYA PRADESH)
20.
S. P. ACHARY
A S/O VISHNU SHANKER ACHARY
A,
AGED ABOUT 61 YEARS, OCCUPATION: RETIRED
R/O VIJAY
MANDIR MARG NEAR JAI STAMBH
BAZARIA PARIK KE PAAS (MADHYA PRADESH)
21.
SURENDRA
KUMAR
SHRIV
ASTA
V
A
S/O
PUNARAM,
AGED
ABOUT
64
YEARS,
OCCUPATION: RETIRED R/O HOUSE NO. 633,
BARELA LAL GHAT NEAR GUFA MANDIR S. B.
GODOAN BHOPAL (MADHYA PRADESH)
22.
KHEM CHAND KORI (DEAD) THROUGH LRS. SMT.
RADHA KORI W/O LATE SHRI KHEM CHAND
KORI, AGED ABOUT 55 YEARS, OCCUPATION:
HOUSE WIFE R/O HOUSE NO. 08, RACHNA VIHAR
AWADHPURI BHOPAL (MADHYA PRADESH)
23.
VIJENDRA
KUMAR
VERMA
S/O
ANIRUDH
VERMA, AGED ABOUT 61 YEARS, OCCUPATION:
RETIRED
R/O
A-16,
MANISHA
MARKET
SHANPURA (MADHYA PRADESH)
24.
RATAN SINGH THAKUR S/O AMAR SINGH, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED R/O
DEV KRIPA SHANTI NIV
AS, BARKHEDIKHU RD
NEAR OF KOPAL SCHOOL (MADHYA PRADESH)
25.
RADHE SHY
AM TY
AGI S/O TULARAM TY
AGI,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
R/O 332, BRAHAM COLONY
JHAGARIY
A ROAD
SEHORE (MADHYA PRADESH)
26.
SHIV SHANKAR SINGH S/O RAM LAKSHAN
SINGH, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED
R/O
AL-54,
ASMA
RESIDENTIAL
COLONY
PHASE
2
SHAKRI
BILASPUR
(CHHATTISGARH)
27.
P. C. GUPTA S/O PANNALALN GUPTA, AGED
ABOUT 60 YEARS, OCCUPATION: RETIRED R/O 134
A VINEETA KUNJ KOLAR (MADHYA PRADESH)
28.
U. K. KAUSHAL S/O MAHADEO PRASAD KAUSHAL,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
R/O D. K. 3/208 DANISH KUNJ KOLAR ROAD
(MADHYA PRADESH)
29.
S. K. SINHA S/O SHRI M.D. SINHA, AGED ABOUT 60
YEARS, OCCUPATION: RETIRED R/O 33, VINAY
AK
RESIDENCY
ITARSI ROAD BETUL (MADHY
A
PRADESH)
30.
BABU
RAO
AATHANKAR
S/O
MOHANLAL
AATHANKAR,
AGED
ABOUT
58
YEARS,
OCCUPATION: WORKING IN BHOPAL DUGDH
SANGH R/O NEAR DURGA MAINDIR PATEL WARD
MANAS NAGAR (MADHYA PRADESH)
31.
BHARAT SINGH CHAUHAN S/O UMMAD SINGH
CHAUHAN, AGED ABOUT 62 YEARS, OCCUPATION:
RETIRED R/P 66 SIVLOK PHACE III, S. OS BALGAM
NEAR KHAJURI (MADHYA PRADESH)
32.
J.P. TIW
ARI S/O SHRIDHAR PRASAD TIW
ARI,
AGED ABOUT 61 YEARS, OCCUPATION: RETIRED
RESIDENT OF A 79 AMBEDKAR NAGAR BHOPAL
T.T. NAGAR BHOPAL (MADHYA PRADESH)
33.
ASHOK PARASHAR S/O SHRI S.L. PRASHAR, AGED
ABOUT
65
YEARS, OCCUPATION:
RETIRED
RATHAIJI KU GALI NEAR GURJAR BOARDING
CHIPPARIER ROAD HARDA (MADHYA PRADESH)
34.
SHANTI LAL BHA
WSAR S/O SIDDHA NATH
BHA
WSAR,
AGED
ABOUT
64
YEARS,
OCCUPATION: RETIRED MAYUR COLONY
ALIPUR
ASHTA DISTT. SEHORE (MADHYA PRADESH)
35.
OMKAR PRASAD NAMDEV S/O HARICHARAN
NAMDEV
, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED HIG-01 RAJEEV NAGAR B SECTOR
AYODHYA BYPASS BHOPAL (MADHYA PRADESH)
36.
ANIL KUMAR BAIS S/O LATE SHANKAR SINGH
BAIS, AGED ABOUT 62 YEARS, OCCUPATION:
RETIRED VIVEKANAND W
ARD KALA PATHA
BETUL (MADHYA PRADESH)
37.
KRISHNA RAO DHOTE S/O DEORAO DHOTE,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
ROY
AL RESIDENCY
H.NO.12 KALA PHATA BETUL
(MADHYA PRADESH)
38.
BANSHILAL RATHOR S/O KISHANLAL RATHOR,
AGED ABOUT 67 YEARS, OCCUPATION: RETIRED
CIVIL LINE BETUL (MADHYA PRADESH)
39.
MANOHER
PATRIKER
S/O
MADHA
V
RAO
PATRIKER,
AGED
ABOUT
65
YEARS,
OCCUPATION: RETIRED 25 DEV
AS GATE UJJAIN
(MADHYA PRADESH)
40.
GOPAL KRISHNA TRIPATHI S/O N.P. TRIPATHI,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
76
BRIJNAGAR
COLONY
SHAJAPUR
MANDI
DISTT. SHAJAPUR (MADHYA PRADESH)
41.
D.S. CHOHAN S/O M.S. CHOUHAN, AGED ABOUT 62
YEARS, OCCUPATION: RETIRED 25 RA
VENEV
NAGAR
BICHOLI
HOPSSI
ROAD
INDORE
(MADHYA PRADESH)
42.
MANGILA SISODIA S/O UMARAO SINGH SISODIA,
AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
114/14 BRIJ NAGAR COLONY
KANGI MOHAUA
SUJALPUR MANDI (MADHYA PRADESH)
43.
VILAS RAO DUDHAT S/O DEORAO DUDHAT, AGED
ABOUT
61
YEARS, OCCUPATION:
RETIRED
GANESH GALEXY
D 404 AYODHY
A BYPASS ROAD
BHOPAL (MADHYA PRADESH)
44.
LALMAN Y
ADA
V S/O CHHOTELAL Y
ADA
V
, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED OPP.
HMT W
ATCH FACTORY
PRATAP W
ARD 14 ITARSI
ROAD BETUL (MADHYA PRADESH)
45.
KALANDAR RAY
S/O JAGDEV RAY
, AGED ABOUT
54 YEARS, OCCUPATION: WORKING IN BHOPAL
DUGHD SANG NO.128 W
ARD NO.24 AASTA ROAD,
SHUJALPUR
MANDI
SHAJAPUR
(MADHY
A
PRADESH)
46.
R.C. GUPTA S/O SHRI SHIV SHANKER GUPTA,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
E-26 SANT ASHARAM NAGAR BAG MUGALIA
BHOPAL (MADHYA PRADESH)
47.
B.K. SHARMA S/O SHRI K.R. SHARMA, AGED
ABOUT 61 YEARS, OCCUPATION: RETIRED M-59
SANT
ASHARAM
NAGAR
BAGH
BHOPAL
(MADHYA PRADESH)
48.
PRAKASH RAO MUDE S/O B.M. MUDE, AGED
ABOUT 66 YEARS, OCCUPATION: RETIRED 10/4
AHIRPURA BHOBIW
ALIGLI BARKHEDI BHOPAL
(MADHYA PRADESH)
49.
INDRAPAL PRASAD PATEL S/O JAGDISH PATEL,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
DUGDH KENDRA HARDA W
ARD NO.17 HARDA
(MADHYA PRADESH)
50.
MOHAN
PURI
GOSW
AMI
S/O
SHIV
PURI
GOSW
AMI,
AGED
ABOUT
62
YEARS,
OCCUPATION:
RETIRED
BUDHV
ARA
ROAD
ASHTA DISTT. SEHORE (MADHYA PRADESH)
51.
Y
ASHW
ANT SINGH KAURA
V S/O SHRI
D.P.
KAURA
V
, AGED ABOUT 65 YEARS, OCCUPATION:
RETIRED 120-B RADHA KUNJ, KHAJURIKALA
BHOPAL (MADHYA PRADESH)
52.
VINOD KUMAR DHARMIK S/O NARAY
AN RAO
DHARMIK,
AGED
ABOUT
60
YEARS,
OCCUPATION: RETIRED F-27 ABHINA
V HOMES
PHASE 4 EXTENSION BYPASS ROAD BHOPAL
(MADHYA PRADESH)
53.
K.L. KAMALIY
A S/O MANGILAL KAMALY
A, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED LIG-J-
90 NAIRY
AL KHEDA HOUSING BOARD COLONY
BHOPAL (MADHYA PRADESH)
.....PETITIONERS
(BY MS. DISHA ROHITAS - ADVOCATE)
AND
1.
THE
STATE
OF
MADHY
A
PRADESH
THR.
SECRETARY
DEPARTMENT OF COOPERATIVE
AFFAIRS V
ALLABH BHA
W
AN BHOPAL (MADHY
A
PRADESH)
2.
THE
COMMISSIONER
AND
REGISTRAR
COOPERATIVE
SOCIETIES BHOPAL (MADHY
A
PRADESH)
3.
M.P. COOPERATIVE DAIRY
FEDERATION LTD.
THR. MANAGING DIRECTOR DUGDHA BHA
W
AN,
DUGDHA MARG, HABIBGANJ BHOPAL (MADHY
A
PRADESH)
4.
CHIEF
EXECUTIVE
OFFICER
THR.
BHOPAL
SAHAKARI
DUGDH
SANGH
MYDT.
BHOPAL
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH BHATNAGAR - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, the court passed the
following:
ORDER
The petitioners have filed this petition seeking the following reliefs :-
2.It is the case of the petitioners that the petitioners were all employees of Bhopal Dugdh Sangh. The respondent No.4, the employer of the petitioners has adopted VIth Pay Commission for its employees from 01.01.2006. The respondent No.2 had allowed the benefit of VIth Pay Commission to the employees of Bhopal Dugdh Sangh like the petitioners from 01.04.2011 to and not from 01.01.2006. The Board of Directors of respondent No.4 in their Board meeting held on 26.12.2013 had approved for giving of arrears of VIth Pay Commission to tis employees for a period from 01.01.2006 to 31.03.2011. The same was to be sent to MPCDF respondent No.3. It is submitted that respondents No.3 and 4 after passing the resolution with regard to grant of benefit of VIth Pay Commission sent the proposal to the Registrar, Cooperative Socities. It is submitted that under the Bye-laws of MPCDF there is no legal requirement for seeking the approval of the Registrar. The Registrar approved the benefit of VIth Pay Commission from 01.04.2011 which is bad in law as there is no reason to grant the benefit from the year 2011 and also that the Board who is the employer has passed a resolution granting the payment of arrears of 6th Pay Scale from 01.01.2006.
3.It is submitted that the Finance Department of the State Government has clearly opined in its note sheet that the pay fixation does not come within the purview of Registrar, Cooperative Socities under Section 55 of M.P. Cooperative Socities Act, 1960. The Registrar have no power to fix or grant Central Pay Commission to employees of Cooperative Socities as per the directives issued by the Finance Department and, therefore, the action of the respondents is bad in law. Hence, this petition.
4.It is submitted by the learned counsel for the petitioner that the issued involved in this petition is squarely covered by the order passed by the Coordinate Bench of this Court in the case of Vidhyadhar Kamlakar Pingle and others Vs. State of M.P. and others (Writ Petition No.17709 of 2017) decided on 02.05.2024.
5.Counsel appearing for the respondents/State fairly submits that this case may be disposed off in the light of the order passed by the Coordinate Bench of this Court in the case of Vidyadhar Kamlakar Pingle (supra).
6.In view of the aforesaid, this petition is disposed off in the light of the order dated 02.05.2024 passed in Vidyadhar Kamlakar Pingle (supra). The petitioners herein are also entitled to the similar relief as has been granted in the aforesaid case.
7.Accordingly, the writ petition is disposed off. (VISHAL MISHRA) JUDGE AM
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