Amended Cause Title W.P. (S) No. 6510 2009 IN THE HON'BLE fflGH COURT OF CHHATISGARH AT BILASPUR Petitioner /v° ^c^€:--i fec^ ^ •^ ^e*^'....-iTV""0^^ ,<3^'"" v\>-"" ^°- ^,.^--- ^ \i^)' Respondents ^-^ iv' •J Vs. 1- 2- 3- G.K. Gupta, S/o Sbri R.R. Gupta, Aged 58 years, Occupation: VRS-Rtd. Ticket Examiner from Korba Depot on 31.01.2003, R/o Krishna Nagar, Juna Bilaspur, Bilaspur. The Managing Director, CIDC (Parivahan Prabhag), Shastri Chowk, Raipur. The Principal Secretary, Grih-Parivahan, D.K.S. Bhavan, Govt. of Chhattisgarh, Cbhattisgarh Secretariat (Mantralaya), Raipur. The M.P. Road Transport Coporation through its Managing Director H.O. Habibganj, Bhopal. WRTTPETmON UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA MAY IT PLEASE YOIIR LORDSHIP : .-.^-li ./1i ^-^ a-wasf.sma-^' y>5- AFK HIGH COURT OF CHHATTISGARH: BILASPUR PETITIONER WRIT PETITION (S) N0. 6510 OF 2009 G.K. Gupta RESPONDENTS Versus The Managing Director, CIDC & Others And W.P.(S) Nos. 6511, 6512, 6513, 6514, 6515, 6516, 6517, 6518, 6519, 6520, 6521, 6522, 6523, 6524, 6525, 6526, 6527, 6528, 6529, 6530, 6531, 6532, 6533, 6534, 6535, 6536, 6537, 6538, 6539, 6540, 6541, 6542, 6543, 6544, 6545, 6546, 6547, 6548, 6549, 6550, 6551, 6552, 6553, 6554, 6555, 6556, 6557, 6558, 6559, 6560, 6561, 6562, 6563, 6564, 6565, 6566, 6567, 6568, 6569, 6570, 6571, 6572, 6573, 6574, 6575, 6576, 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6587, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, 6597, 6598, 6599 & 6600 of 2009 andW.P.(S) Nos. 1685, 1686, 1687 1688, 1689, 1690, 1691, 1692, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717,1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 1729, 1730 & 1731 of 201 Oand 6601 of 2009. Post for pronouncement ofthe orders on the ^- day ofJuly, 2011 Sd/- Satish K. Agnihotri Judge l.^.'l"**''.'-^ /-^, C'£. HIGH COURT OF CHHATTISGARH: BILASPUR WRIT PETITION fS) N0. 6510 OF 2009 PETITIONER G.K. Gupta Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 651 1 OF 2009 Suraj Prasad Awasthy Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6512 OF 2009 Balaram Bhatt RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6513 OF 2009 Mannusingh Thakur Versus RESPONDENTS The Managing Director, CIDC & Others PSTITIONER WRIT PETITION fS)NO. 6514 OF 2009 Ravindra Khurana RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6515 OF 2009 Mohd. Hanif RESPONDENTS Versus The Managing Director, CIDC & Others ,r^4,,"\ y -&.. ^ i '^»&»."• 'w^§^^^ j v^.' ^ ^o WRIT PETITION (S) N0. 6516 OF 2009 PETITIONER Shaikh Jalil RESPQNDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6517 OF 2009 Sarfuddin RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S)NO. 65180F 2009 M.B. Shrivastava RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6519 OF 2009 D.C. Rai RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6520 OF 2009 Surendra Guru Diwan RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6521 OF 2009 Radheshyam Awasthy Versus RESPONDENTS The Managing Director, CIDC & Others ! ua WRIT PETITION (S) N0. 6522 OF 2009 PETITIONER Gajroop Singh Thakur Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6523 OF 2009 K.P. Patel RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6524 OF 2009 Badriprasad Srivas Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER RESPONDENTS WRIT PETITION (S) N0. 6525 OF 2009 Ishwar Rajak Versus The Managing Director & Others PETITIONER WRIT PETITION (S) N0. 6526 OF 2009 Ram Singh Bhoi Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6527 OF 2009 Ramprakash Mishra RESPONDENTS Versus The Managing Director, CIDC & Others -itsfe??^s"'?"\ I; PETITIONER WRIT PETITION (S) N0. 6528 OF 2009 Kulwant Singh Khurana Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6529 OF 2009 Mathura Prasad Pandey Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6530 OF 2009 D.D. Rai RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6531 OF 2009 Vishnu Hari Rathore RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6532 OF 2009 Ishwar Rathore RESPONDENTS Versus The Managing Director & Others PETITIONER WRIT PETITION (S) N0. 6533 OF 2009 Asaram Rathore RESPONDENTS Versus The Managing Director, CIDC & Others ^f. a,^..1:,—, '%. - '^>. •^i?^ -!/ WRIT PETITION (S) N0. 6534 OF 2009 PETITIONER Jagannath Rathore Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6535 OF 2009 Rajaram Bhawe Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6536 OF 2009 Dhaniram Dhurv RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6537 OF 2009 Mohd. Ismail RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 6538 OF 2009 Udaisingh RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6539 OF 2009 Sarfuddin RESPONDENTS Versus The Managing Director, CIDC & Others /\ ll WRIT PETITION (S) N0. 6540 OF 2009 PETITIONER Gayadin Shukla Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6541 OF 2009 Mantheer Ram Sahu RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION ISLN0^6542_QF 2009 Bhola Jaiswal RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6543 OF 2009 K.R. Ansari RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6544 OF 2009 Hinchlal Dwivedi RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6545 OF 2009 A. Matin RESPONDE.NTS Versus The Managing Director, CIDC & Others. H WRIT PETITION (S) N0. 6546 OF 2009 PETITIONER Smt. Jamuna Devi Markam RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6547 OF 2009 Pardesigiri Goswami Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6548 OF 2009 Lakshman Singh Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S)NO. 6549 OF 2009 Hetram Patel RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6550 OF 2009 Raghunath Sharma RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6551 OF 2009 Ishwar Jaiswal RESPONDENTS Versus The Managing Director & Others l^sil t .T~~y^ PETITIONER WRIT PETITION (S) N0. 6552 OF 2009 Usman Ali RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6553 OF 2009 O.P. Bajpai Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6554 OF 2009 Vijay Tripathi Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6555 OF 2009 IsrarAli RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6556 OF 2009 Tiharu Ram Sahu RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6557 OF 2009 Bharat Kumar Chourasya Versus RESPONDENTS The Managing Director, CIDC & Others ^' WRIT PETITION (S)NO. 6558 OF 2009 PETITIONER Matadin Yadav RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6559 OF 2009 Devindra Kumar Gupta Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6560 OF 2009 Rashid Ahmed RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6561 OF 2009 Narbad Singh RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6562 OF 2009 Shivkumar Srivas RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6563 OF 2009 Gulam Nabi RESPONDENTS Versus The Managing Director, CIDC & Others }iy 10 PETITIONER WRIT PETITION (S) N0. 6564 OF 2009 Ram Kumar RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6565 OF 2009 S.R.Sahu RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6566 OF 2009 Shyam Behari Hazari RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6567 OF 2009 Motilal Sharma RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITIQN (S) N0. 6568 OF 2009 Lakshmikant Beg Rai Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6569 OF 2009 Nandkumar Gupta Versus RESPONDENTS The Managing Director, CIDC & Others '<\ *<".. /'/^^ ^ fi ' 'A s? ^•;-<^>l^:w^>, ^ I •S<»^1 t °?< 11 ;•!<<• WRIT PETITION (S) N0. 6570 OF 2009 PETITIONER Shyam Behari Tiwari Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6571 OF 2009 Smt. Kadambai Thakur RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S} N0. 6572 OF 2009 D.P. Shukla RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6573 OF 2009 Ravindra Kumar Sisodiya RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION fS) N0. 6574 OF 2009 Mohd. Nazir RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6575 OF 2009 Anil Kumar Pillai RESPONDENTS Versus The Managing Director, CIDC & Others 12 3! WRIT PETITION (S) N0. 6576 OF 2009 PETITIONER Mohd. Akram Sidiqui Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6577 OF 2009 Devisingh RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6578 OF 2009 Hifazat Hussain RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6579 OF 2009 Mannulal Dande RESPONDENTS Versus The Managing Director, CIDC & Others WRIT PETITION (S) N0. 6580 OF 2009 PETITIONER S.K. Gupta Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6581 OF 2009 Pradeep Asna Versus RESPONDENTS The Managing Director, CIDC & Others 13 WRIT PETITION (S) N0. 6582 OF 2009 PETITIONER Kuleshwar Dubey Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6583 OF 2009 Hiralal Sharma RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6584 OF 2009 Lokesh Rathore RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6585 OF 2009 Janak Singh Thakur RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6586 OF 2009 Tarlochan Singh RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6587 OF 2009 Mushtaq Maula Ahmed RESPONDENTS Versus The Managing Director, CIDC & Others 14 5^' PETITIONER WRIT PETITION (S) N0. 6588 OF 2009 Rifayatulla Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 6589 OF 2009 Shaikh Sarifuddin RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6590 OF 2009 K.K. Giri RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION_(S) N0. 6591 OF 2009 Chamanlal Srivas RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITIQN (S) N0. 6592 OF 2009 M.L. Sahu RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6593 OF 2009 Surendra Singh Thakur RESPONDENTS Versus The Managing Director, CIDC & Others J-ft''^"'- /y .,!'ssst~:i f£ 1 •ltea'5 ^lu^ii^; r^ 15 .^.' ^ '^' PETITIONER WRIT PETITION (S) N0. 6594 OF 2009 Rasiraman Pandey Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6595 OF 2009 R.D. Dubey Versus RESPONDENTS The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6596 OF 2009 Shambhunath Yadav RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6597 OF 2009 Tejpratap Pandey RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6598 OF 2009 Syed Gulam Ali RESPONDENTS Versus The Managing Director, CIDC & Others PETITIONER WRIT PETITION (S) N0. 6599 OF 2009 Hari Kishan Yadav RESPONDENTS Versus The Managing Director, CIDC & Others 16 WRIT PETITION (S) N0. 6600 OF 2009 PETITIONER MehmoodHasan RESPONDENTS Versus The Managing Director CIDC & Others WRIT PETITION (S)NO. 1685 OF 2010 PETITIONER V.K. Gupta Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1686 OF 2010 V.K. Jain RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER RESPONDENTS WRIT PETITION (S)NO. 1687 OF 2010 Amar Singh Devangan Versus The Managing Director & Others PETITIONER WRIT PETITION (S) N0.1688 OF 2010 Laxmi Prasad Tiwari RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1689 OF 2010 Umesh Kumar Shukla RESPONDENTS Versus The Managing Director CIDC & Others 17 •"^, ^'\ . WRIT PETITION (S) N0. 1690 OF 2010 PETITIONER RESPONDENTS Sachhidanand Sen Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1691 OF 2010 Uttamchand Belani RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1692 OF 2010 Dr. Hemlal Banjare Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0.1694 OF 2010 Dauram Jagat RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1695 OF 2010 Sunil Kumar Shrivastava RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1696 OF 2010 Audh Behari Tiwari RESPONDENTS Versus The Managing Director CIDC & Others 18 L;Y- WRIT PETITION (S) N0. 1697 OF 2010 PETITIONER Anirudh Singh Thakur Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0.1698 OF 201 O Chandulal Yadav RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1699 OF 2010 Manmohan Singh Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1700 OF 2010 A.K. Dwivedi RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1701 OF 2010 Balgobind Dubey RESPONDENTS Versus The Managing Director & Others PETITIONER WRIT PETITION (S) N0. 1702 OF 2010 Anil Bajpai Versus RESPONDENTS The Managing Director CIDC & Others 19 -?:-(. PETITIONER WRIT PETITION (S) N0. 1703 OF 2010 L.N. Jain RESPONDENTS Versus The Managing Director CIDC & Others WRIT PETITION (S) N0. 1704 OF 2010 PETITIONER Ramavtar Gupta Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1705 OF 2010 Mahadev Thakre RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S)NO. 1706 OF 2010 Rohitlal Sahu R^SPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1707 OF 2010 Anil Thakre RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1708 OF 2010 Babu Abraham RESPONDENTS Versus The Managing Director & Others /^f ''•v:^-.-^.-^;-^ f-'s ••~"u--^| ij ;.. V-." f 20 WRIT PETITION (S) N0. 1709 OF 2010 PETITIONER R.S. Shukla RESPONDENTS Versus The Managing Director CIDC & Others WRIT PETITION (S) N0. 1710 OF 2010 •? PETITIONER Dwarika Prasad RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1711 OF 2010 Rajesh Gandhi Versus RESPONDENTS The Managing Director CIDC & Others WRIT PETITION (S) N0. 1712 OF 2010 PETITIONER Adbul Aziz Khan RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1713 OF 2010 Shankarlal Devangan RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1714 OF 2010 Mahendra Kumar Srivas RESPONDENTS Versus The Managing Director CIDC & Others 21 •<t, PETITIONER WRIT PETITION (S) N0. 1715 OF 2010 D.K. Tiwari RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1716 OF 2010 Motiram Nishad RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1717 OF 2010 S.P. Singh Ogre Versus RESPONDENTS The Managing Director CIDC & Others WRIT PETITION (S) N0. 1718 OF 2010 PETITIONER Girish Kumar Devangan Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1719 OF 2010 K.P.Jangde RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1720 OF 2010 Shivshankar Kashyap RESPONDENTS Versus The Managing Director CIDC & Others 22 ^\ WRIT PETITION (S) N0. 1721 OF 2010 PETITIONER Pramod Kumar Godpalliver Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S] N0. 1722 OF 2010 Madhav Namdev RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1723 OF 2010 Vinod Kumar Mishra RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1724 OF 2010 Vishwanath Swarnakar RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1725 OF 2010 Rajendra Gandhi RESPONDENTS Versus The Managing Director CIDC & Others WRIT PETITION (S) N0. 1726 OF 2010 PETITIONER Shaikh Mohd. Shafi Qureshi RESPONDENTS Versus The Managing Director CIDC & Others ^:& fv' ;y ! sL.- 'p^-.-'- ^^fr^LT. '••~>J& 23 '^ WRIT PETITION (S) N0. 1727 OF 2010 PETITIONER Anil Kumar Vastrakar RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1728 OF 2010 Bhupendra Kumar Shukla Versus RESPONDENTS The Managing Director CIDC & Others PETITIONER WRIT PETITION (S)NO. 1729 OF 2010 Abdul Wahid RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1730 OF 2010 Prakash Sharma RESPONDENTS Versus The Managing Director CIDC & Others PETITIONER WRIT PETITION (S) N0. 1731 OF 2010 Abdul Razak RESPONDENTS Versus The Managing Director CIDC & Others AND 24 A PETITIONER WRIT PETITION (S) N0. 6601 OF 2009 Chandrasen Singh Chandel. Versus RESPONDENTS The Managing Director, CIDC & Others (Writ petitions underArticle 226 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri C.M. Nair, Advocatesfor the petitioners. Shri V.V.S.Murthy, Deputy Advocate General forthe State. Shri Ashish Shrivastava, Shri Sudeep Jouhari, Shri Ratan Pusty and Shri Harsh Wardhan, Advocates for the respective respondents. (Delivered on this '4 day of July, 2011) 1. W.P.(S) Nos. 6510, 6511, 6512,6513, 6514, 6515, 6516, 6517, 6518, 6519, 6520, 6521, 6522, 6523, 6524, 6525, 6526, 6527, 6528, 6529, 6530, 6531, 6532, 6533, 6534, 6535, 6536, 6537, 6538, 6539, 6540, 6541, 6542, 6543, 6544, 6545, 6546, 6547, 6548, 6549, 6550, 6551, 6552, 6553, 6554, 6555, 6556, 6557, 6558, 6559, 6560, 6561, 6562, 6563, 6564, 6565, 6566, 6567, 6568, 6569, 6570, 6571, 6572, 6573, 6574, 6575, 6576, 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6587, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, 6597, 6598, 6599 & 6600 of 2009 and W.P.(S) Nos. 1685, 1686, 1687, 1688, 1689, 1690, 1691,1692, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 25 ^s^ 1729, 1730 & 1731 of 2010 and 6601 of 2009 involve the same question of law asto whether the petitioners are entitled to get interest on dearness allowances deposited under the Employees Deposit Fund Scheme and by which rate ? Therefore, they are being considered and disposed of by this common order. 2. The case of the petitioners, in short, is that in exercise of power conferred under Section 45 of the Road Transport Corporation Act, 1950 (for short "the Act, 1950"), the Madhya Pradesh Road Transport Corporation Employees Deposit Fund (for short "the EDF") has framed the regulation with the previous sanction of the Government, which is known as Madhya Pradesh State Road Transport Corporation Employees Deposit Fund Regulations, 1985 (for short "the Regulations, 1985"). The said regulations were enacted as per Board resolution No.2560 dated 4-9-1985 and with the approval of Home Department and circulated vide circular No. 186 dated 17-03-1986 introducing the employees Deposit Fund Scheme to deposit the arrears of pay/revision of pay/D.A./Additional D.A. By the said regulations, 50% amount of the revision of pay or DA or additional DA are required to be deposited by way of a separate fund known as Employees Deposit Fund and interest on the said amount is payable by the Corporation in accordance to the method of calculation, as prescribed, on year to year basis by the State Government, in respect of General Provident Fund itself. In view of the aforesaid submissions, it is urged that the amount of 26 .-,"/ dearness allowance and the amount of revision of pay are liable to be refunded back to the employees along with interest. 3. According to the petitioners, the respondents are required to pay the statutory interest towards amount of 23% D.A. impounded in the Employees Deposit Fund Scheme (from 01-07-1995 to 30-06-1996); 24% of D.A. impounded in the said Scheme (from 01-07-1996 to 31-03-1999J and 17% of D.A. impounded from 01-04-1999 onwards. For getting the interest, the employees of the Madhya Pradesh State Road Transport Corporation (for short "MPSRTC") approached the respondent authorities by filing several representations etc. When their requests/ representations did not fructify, some ofthe employees preferred writ petitions before the High Court of Madhya Pradesh bench at Indore. The said writ petitions were disposed of by the Court on 1-10-2007 with the following directions: "(a) The respondents are directed to calculate the amount of DA and interest thereon asper the rate prescribed by the Government by their Notifications, and specified in para 4 & 10 above, with in a period of four months from the date of communication of this order. It is further directed that after calculating the said amount of interest, it be paid within a period of one month there after. (b) In W.P.(S) No.7723/2006 (S) retiral benefit has not been duly paid as per the petitioner; however, it is open to the petitioner to submit a representation indicating those dues within 15 days from today f*^'T'--.. •^^'"^Y. ^S-<L '>' '•-^SSS^ 9 •tiaEa-—^S '<ty.. "SsamS^ 27 9.-,' ••) and shall be decided by the respondents within two months thereafter. If it is found that any amount against retiral due is payable the same be released, otherwise for the remaining retiral dues petitioner shall be at liberty to take recourse of law afresh. Being aggrieved by the said order, the MPSRTC preferred writ appeal being W.A. No.638/2007(T/?e Managing Director, MPSRTC andAnother v. Pramod Limaye & Others), the said writ appeal was also dismissed by order dated 07-02-2008. Thereagainst, the MPSRTG preferred Special Leave Petition before the Supreme Court, which was also dismissed by order dated 18-12-2008 (Annexure P/6). Even for getting the said benefits, some of the employees filed contempt petition before the High Court of Madhya Pradesh. The case of the present petitioners is similarly situated to the case of the employees, who have approached the High Court in writ petition. The contention of the petitioners is that on the basis of said decisions, the petitioners also made representations before therespondent authorities, but the same have not been considered and decided. Thus, these petitions. Shri Nair, learned counsel appearing for the petitioners,would submit that the issue involved in this batch of petitions is squarely covered by a decision of the High Court of Madhya Pradesh in Pramod Limaye & Others v. The Managing Director & '^ ^ ^y' X5^ 28 Another and other connected matters, which was taken up to the Supreme Court. The Supreme Court by order dated 18-12-2008 (Annexure - P/6) upheld the finding and order passed by the learned Single Judge and thereafter, by the Division Bench of the High Court of Madhya Pradesh in The Managing Directorand Others v. Mangilal Sharma . Shri Nair, would further submit that the petitioners are entitled to interest on the EDF as admissible and payable in respect ofthe General Provident Fund Accounts as prescribed from year to year by the State Government. Thus, denial of said interest to the petitioners, who have sought voluntary retirement, is unconstitutional, illegal and arbitrary. The respondents, may accordingly, be directed to make the payment of interest as fixed in respect of the General Provident Fund Accounts as prescribed from year to year by the State Government. Shri Shrivastava, learned counsel appearing for the respondent No.l/Chhattisgarh Infrastructure Development Corporation (for short "CIDC") submits that the EDF came