IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 22^nd OF JUNE, 2023

WRIT PETITION No. 13683 of 2023

BETWEEN:-

1.

SANJEEV SHARMA S/O SHRI ASHARAM SHARMA,

AGED 50 YEARS, OCCUPATION: RETIRED HELPER,

CENTRAL WORKSHOP MPRTC GWALIOR, ARYA

NAGAR BHIND (MADHYA PRADESH)

2.

RAJESH

KUMAR

SHARMA

S/O

LATE

SHRI

OMPRAKASH

SHARMA,

AGED

52

YEARS,

OCCUPATION

:

RETIRED

LDC,

CENTRAL

WORKSHOP, MPRTC, GWALIOR, HARDEO SINGH

KI

TAAL,

MH

ROAD,

MORAR

GWALIOR

(MADHYA PRADESH)

3.

DEVENDRA SHARMA S/O SHRI PARSHURAM

SHARMA,

AGED

52

YEARS, OCCUPATION

:

RETIRED JOB KEEPER NEAR SP KOTHI SHIVPURI

(MADHYA PRADESH)

4.

HEMANT SHARMA S/O LATE SHRI J.P. SHARMA,

AGED 52 YEARS, OCCUPATION: RETIRED LDC,

DIVISIONAL

OFFICE,

MPRTC,

GWALIOR,

NIMBALPAK KI GOTH NO. 2, GWALIOR (MADHYA

PRADESH)

5.

RAJARAM

SHARMA

S/O

SHRI

VIDYARAM

SHARMA,

AGED

72

YEARS, OCCUPATION

:

RETIRED T.S.-II, BHIND DEPOT, MPRTC, NAWADA

BAGH BHIND (MADHYA PRADESH)

6.

PRAHLAD SHARMA S/O SHRI SHRIRAM SHARMA,

AGED

67

YEARS, OCCUPATION

:

RETIRED

CONDUCTOR, BHIND DEPOT, MPRTC, VILLAGE

AND POST SAKRAYA, DISTRICT BHIND (MADHYA

PRADESH)

7.

AWDHESH

SHARMA

S/O

SHRI

PAHALWAN

SHARMA,

AGED

64

YEARS, OCCUPATION

:

RETIRED CONDUCTOR, BHIND DEPOT, MPRTC,

VILLAGE AND POST SAKRAYA, DISTRICT BHIND

(MADHYA PRADESH)

1

8.

SWAROOP SINGH TOMAR S/O SHRI RAJA SINGH

TOMAR,

AGED

63

YEARS, OCCUPATION

:

RETIRED DRIVER, BHIND DEPOT, MPRTC, BHIM

NAGAR, NEAR JAIN COLLEGE, BHIND (MADHYA

PRADESH)

9.

RAM KISHORE SHARMA S/O SHRI RAM BIHARI

SHARMA,

AGED

63

YEARS, OCCUPATION

:

RETIRED CONDUCTOR, BHIND DEPOT, MPRTC,

GALI NO. 4 WARD NO. 6, ARYA NAGAR, BHIND

(MADHYA PRADESH)

.....PETITIONERS

(BY SHRI VIVEK JAIN - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH THROUGH

THE

ADDITIONAL

CHIEF

SECRETARY,

DEPARTMENT

OF

TRANSPORT,

VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

2.

THE MADHYA PRADESH ROAD TRANSPORT

CORPORATION

THROUGH

ITS

MANAGING

D IR ECTOR , HABIBGANJ

BHOPAL

(MADHYA

PRADESH)

3.

THE DIVISIONAL MANAGER, DIVISION OFFICE,

MADHYA

PRADESH

ROAD

TRANSPORT

CORPORATION, DARPAN

COLONY

GWALIOR

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI SOHIT MISHRA - GOVERNMENT ADVOCATE FOR THE STATE)

This petition coming on for admission this day, the court passed the

following:

ORDER

The present petition under Article 226/227 of the Constitution of India

has been filed seeking the following reliefs :-

"7. 1) The respondents may be directed to re-calculate the

following retiral dues as per the revised wages last drawn as a

consequence of revising the salary after retirement :-

a. Gratuity

2

b. Leave Encashment

c. VRS Ex-Gratia

d. Bonus

e. Pension and Provident Fund under EPF Scheme.

f. Paid holidays

ii). Any other relief which this Hon'ble Court may deem fit

in the circumstances of the case including interest @ 10 % and

costs may also be granted.

A t the outset learned Counsel for the petitioner submits that the

controvery has already been put to rest by the Co-ordinate Bench at Indore in

the case of O.P. Jain and Anr. vs. The Managing Director and Anr. (W.P.

No. 25598 of 2019), and other connected Writ Petitions decided on

27.03.2023 wherein the Bench at Indore had directed the respondents that the

petitioners therein be given arrears of gratuity, ex-gratia and leave encashment

within a period of 90 days from the date of receipt of certified copy of this

order.

The aforesaid factual aspect has not been controverted by the counsel

appearing for the respondents. It is only submitted that the petitioners herein be

directed to approach the competent authority/respondents No.1 to 3 for

redressal of their grievance in the light of the order dated 27.03.2023 passed by

the Coordinate Bench at Indore in the case of O.P.Jain (supra) passed in

Writ Petition No. 25598 of 2019.

After hearing counsel for the parties and perusing the record, this Court

finds that the ground which has been raise