Padma Bai Mehra Vs The State Of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 301 of 2015, Judgment Date: Jun 26, 2015

W.A.NO.301/2015
26-06-2015.
Shri D.K.Khare, learned counsel for the petitioner.
Shri Supnil Ganguly, learned Govt. Advocate, for the State.
I.A.No.6093/2015 has been filed for condoning the delay in
filing of this writ appeal.
Keeping in view the fact that the parity has to be maintained as
all other similarly situated employees have been granted similar
benefits, this application is allowed and the delay in filing of this
appeal is condoned.
The question involved in this writ appeal and all other writ
appeals identical in nature have been decided on 05-12-2012 by a
coordinate bench of this court and as S.L.Ps filed by the
respondents/Corporation have also been dismissed, we deem it
appropriate to dispose of this writ appeal today itself with the consent
of the parties.
Challenging the order passed by the learned Writ court in
denying back wages to the appellant after his compulsory retirement
was quashed, this writ appeal has been filed. It is a common ground
that in the matter of compulsory retirement/voluntary retirement of the
employees of M.P.Road Transport Corporation, more than 200
petitions were filed and all the petitions were allowed by the learfned
writ court and the orders of compulsory retirement were quashed but
back wages were denied to them, as a consequence thereof, various
writ appeals were filed and by a common order passed on 05-12-2012
in W.A.No.1036/2011 (Bhawat Singh Thakur Vs. State of M.P. and
others), all the writ appeals were allowed and following directions were
issued :-
“11. In view of the aforesaid, these appeals are allowed with
following directions :-
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(1) The respondents are directed to make payment of 50%
back wages to the appellants from the date of their
compulsory retirement till the date of order passed by the
writ court.
(2) Aforesaid amount be paid to the appellants by the
respondents within a period of 90 days from today, failing
which the appellants shall be entitled for interest at the rat
eof 6% p.a. from today till its payment to the appellants.
(3) From the date of the order passed by the writ court, the
appellants shall be entitled for full wages till reinstatement
or till the date of attaining the age of superannuation,
whichever is applicable.
 There shall be no order as to costs.”
 Keeping in view the aforesaid, we see no reason to take a different
view in this appeal. Accordingly, this appeal is also allowed and
disposed of in terms of the order already passed in
W.A.No.1036/2011 as reproduced hereinabove.
 With the aforesaid, this writ appeal stands allowed and disposed of.
 C.C. as per rules.
 (RAJENDRA MENON)                                (MS.VANDANA KASREKAR)
 JUDGE JUDGE
;hsp