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2025 Supreme(Online)(MP) 7222
HIGH COURT OF MADHYA PRADESH
VIVEK JAIN, J
KISHORILAL KACHI – Appellant
Versus
M.P.P.K.V.V.CO.LTD – Respondent
WRIT PETITION No. 23486 of 2022
For the Appellants/Petitioners: Shri Vijay Kumar Pandey
For the Respondents: Shri Amalpushp Shroti
Employees of absorbed societies are entitled to pay parity under the Sixth and Seventh Pay Commissions in accordance with Supreme Court judgments.
Headnote:(A) Legal principles regarding pay parity and dearness allowance; governed by the Hon'ble Apex Court's ruling in M.P. Poorva Kshetra Vidyut Vitaran Vs. Uma Shankar Dwivedi, 2019 (13) SCC 685, which mandates adherence to pay scales according to the Sixth and Seventh Pay Commission for taken over employees.
(B) The court emphasized that previous orders denying parity are rendered redundant due to the Apex Court's conclusive decision.
(C) The right of petitioners has been affirmed to receive salary from August 2010, aligning with the order on dearness allowances.
Facts of the case:
Petitioners are absorbed employees of Rural Electrification Co-operative Society and challenge the denial of dearness allowance on grounds of parity as mandated from 13.08.2010.
Findings of Court:
The respondents must uphold pay parity following the established precedence from the Apex Court.
Issues: The key question is whether the respondents' previous denial of pay parity is justified, considering established judicial precedents.
Ratio Decidendi: The court held that the interim absorption from 2010 entitles petitioners to parity with MPSEB employees from that date, overriding any delays or prior company orders.
Result: Petition allowed, directing the respondents to grant pay parity from 13.08.2010.
| Table of Content |
|---|
| 1. challenge to the denial of pay parity in dearness allowance. (Para 1 , 2) |
| 2. right to pay parity established based on prior judgments. (Para 4 , 6 , 8) |
| 3. employer's arguments against the timing of the petition. (Para 9) |
| 4. court’s view on the employer’s liability and timing of pay parity. (Para 11) |
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 24 OF SEPTEMBER, 2025 WRIT PETITION No. 23486 of 2022 KISHORILAL KACHI Versus M.P.P.K.V.V.CO.LTD AND OTHERS Appearance:
Shri Vijay Kumar Pandey - Advocate for the petitioner.
Shri Amalpushp Shroti - Advocate for the respondent Nos.1 to 3.
ORDER By way of this petition, the petitioners have challenged the order Annexure P-3 dated 17.03.2022, whereby the respondents have denied the benefit of parity in the matter of dearness allowance to be paid to the petitioners, who are taken over employees of Rural Electrification Co-
operative Society (RECS), Nowgaon, District Chattarpur.
2. Counsel for the petitioner at the outset submits that the issue of parity in pay and pay scale from the date of takeover and that to only in Sixth and Seventh Pay Commission pay scales has been decided conclusively by the Hon'ble Apex Court in M.P. Poorva Kshetra Vidyut Vitaran Vs. Uma Shankar Dwivedi , 2019 (13) SCC 685, which has been recently followed by this Court in W.P. No.101 of 2020 in the matter of REC Amarpatan, District Satna, where also the exactly same questions arose in the matter of payment of dearness allowance. The said petition has been allowed on 19-08-2025 Signature Not Verified Signed by: RAJESH KUMAR directing the respondent company to maintain pay parity in the matter of pay scale and dearness allowance in Sixth and Seventh Pay Commission pay scales as are being granted to other taken over employees of MPSEB with effect from 13.08.2010.
3. The employer society of the present petitioner (RECS Nowgaon)
has been taken over on 19.08.2010 and it is orally contended by learned counsel for the respondent company that formal order of absorption of petitioner are being issued and there is no dispute of absorption of the petitioner in the service of the respondent company on 19.08.2010, but he vehemently opposes the petition on the ground that the earlier orders of the company dated 13.08.2010, 26.11.2012 & 24.01.2013, whereby the company had not maintained parity in the matter of dearness allowance have not been put to challenge for a long time and the petition suffers from delay and laches and in the present case also, there is no specific relief sought to challenge the said orders. He further prays time to reply to the writ petition on merits. 4. Upon hearing the rival parties, it is seen that all these issues have already been considered by this Court in W.P. No.101 of 2020 in the case of another society, namely Amarpatan Society whose employees had also been absorbed in the year 2010 and it was held by this Court that the right to claim dearness allowance at par with other taken over employees of MPSEB in Sixth and Seventh Pay Commission pay scale flows from judgement of Hon'ble Apex court in Uma Shankar Dwivedi (supra), which was rendered in the year 2018 and therefore, the previous orders passed by the respondent company to contrary would automatically be rendered redundant because in Signature Not Verified Signed by: RAJESH KUMAR the case of Uma Shankar Dwivedi (supra), the present respondent company was the appellant before the Hon'ble Apex Court and it has been categorically held that the benefits as per Sixth and Seventh Pay Commission shall be extended to taken over employees of RECS with effect from the same date such benefits have been given to other employees of company. This Court in W.P. No.101 of 2020 has passed the following order :-
The present petition has been filed seeking the following reliefs:-
i. “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to direct the respondents to extend the benefits of d
