2022 Supreme(Online)(MP) 11511
HIGH COURT OF MADHYA PRADESH
Ramesh Kumar Patel – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 2066/2018
Dharmendra Soni,Advocate General
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI ON THE 9th OF NOVEMBER, 2022 WRIT PETITION No. 2066 of 2018 BETWEEN:-
1. RAMESH KUMAR PATEL S/O SHRI B.D. PATEL, AGED ABOUT 58 YEARS, OCCUPATION: BANK ASSISTANT SANT KABIR WARD (MADHYA PRADESH)
2. SMT. UMA DEVI GURU W/O LATE SHRI S.G GURU, AGED ABOUT 54 YEARS, OCCUPATION: BANK ASSISTANT LAXMI PURA WARD SAGAR (MADHYA PRADESH)
3. MAHESH KUMAR SONI S/O SHRI HARI SHANKAR SONI, AGED ABOUT 53 YEARS, OCCUPATION: BANK ASSISTANT BARAIYAGHAT WARD SAGAR (MADHYA PRADESH)
4. GOVIND PRASAD RAIKWAR S/O SHRI L.N RAIKWAR, AGED ABOUT 61 YEARS, OCCUPATION: RETIRED BANK EMPLOYEE RANIPURA SAGAR (MADHYA PRADESH)
5. BHAGWAT SHARAN TIWARI S/O LATE SHRI N.R TIWARI, AGED ABOUT 62 YEARS, OCCUPATION: RETIRED BANK EMPLOYEE KUSUM VIHAR COLONY DEORI (MADHYA PRADESH)
.....PETITIONER (BY SHRI DHARMENDRA SONI, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY MINISTRY OF COOPERATIVE AFFAIRS VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
2. COMMISSIONER DIRECTORATE OF COOPERATIVE AFFAIRS SATPURA BHAWAN BHOPAL (MADHYA PRADESH)
Signature Not Verified Signed by: PARMESHWAR
3. MANAGING DIRECTOR AND OFFICIAL LIQUIDATOR RAJYA SAHKARI KRISHI AUR GRAMIN VIKAS BANK MARYADIT BHOPAL (MADHYA PRADESH)
4. JILA SAHKARI KENDRIYA BANK MARYADIT SAGAR THROUGH CHIEF EXECUTIVE OFFICER HEAD OFFICE AT KACHAHRI MARG (MADHYA PRADESH)
5. OFFICIAL LIQUIDATOR CUM ADMINISTRATOR (DEPUTY REGISTRAR COOPERATIVE SOCIETY SAGAR JILA SAHKARI KRISHI AUR GAMIN VIKAS BANK MARYADIT SAGAR (MADHYA PRADESH)
.....RESPONDENTS (BY MS. SHIKHA SHARMA, PANEL LAWYER )
This petition coming on for admission this day, the court passed the following:
ORDER
The present petition has been filed seeking following reliefs :-
"7.(i) That it is therefore prayed that the appropriate writ be issued commanding the Respondent no. 5 to immediately release the arrears of salary to the petitioner on account of non-payment of salary to petitioners since July 2015 till August 2017 and with respect to petitioners 1,2 3 and with respect to retired petitioner No. 4, salary dues is from July, 2015 to September 2015 and from January 2016 till May, 2016 and with respect to retired petitioner No. 5, salary dues is Rs.1, 07,116/- which may kindly be directed to be paid to them respectively.
(b) Any other writ order or direction may also Signature Not Verified Signed by: PARMESHWAR kindly be passed."
It is stated that he retired from Jila Sahkari Krishi Aur Gramin Vikas Bank Maryadit, Sagar and he has not been paid arrears of salary since May 2016 till retirement by erstwhile Jila Sahkari Krishi Aur Gramin Vikas Bannk Maryadit, Sagar.
The petitioners has filed a representation to the respondents – authorities for payment of salary of the intervening period, but the aforesaid has not been paid. It is argued that there is internal communication with the department with respect to payment of salary to the petitioner, but the fact remains that the authorities are sitting tight over the matter and not deciding the representation filed by the petitioner. Therefore, an innocuous prayer is made to direct the authorities to consider and decide the pending representation with the stipulated time frame.
In such circumstances, this court deems it appropriate to dispose of the writ petition with the direction to the petitioners to prefer a fresh representation to the respondents- authorities within a period of seven days alongwith the relevant documents and in case such a representation is filed, the respondents- authorities are directed to dwell upon the same and pass a self contained speaking order communicating the outcome of the same to the petitioners within a period of fifteen days, from the date of receipt of certified copy of the order and if the petitioners are found entitled to the claim, as raised by him the arrears be calculated and the amount be disbursed to the petitioner within a further period of 45 days.
The petition stands disposed of.
Si