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2001 DIGILAW 873 (MP)

Mishrilal Soni v. Managing Director, MPSRTC

2001-11-28

A.K.MISHRA

body2001
JUDGMENT The petitioner retired from service of Madhya Pradesh State Road Transport Corporation in February, 2001. He submits that he has not been paid retrial dues as mentioned in para 5.8. as under: 1. Yearly bonus for the year 1995-96 Rs.2465/- 2. Arrears of Dearness allowance 1994-95 Rs. 1841/- 3. Arrears of 1987 Rs. 1058/- 4. 34% D.A. of 1996 Rs. 14518/- 5. Security Amount Rs. 500/- 6. Employee Fund Rs. 25000/- 7. Gratuity Rs. 62000/- Total amount Rs. 1,07,382/ Learned counsel for the respondents submits that at present the financial condition of the respondent-Corporation is not good and it would be difficult on the part of the Corporation to pay the retrial benefits of the petitioner within a short span of time. Reasonable time be granted to pay the dues. Learned counsel for the parties places reliance on a decision of this Court in W.P. No. 83212001 (Arjun Singh v. MPSRTC and others) decided on 6.9.2001 wherein facility of instilment was afforded following the decision rendered by the Apex Court in the case of Vijay L. Mehrotra v. State of V.P. and others JT 2000 (5) SC 171. 4. Under the circumstances, the respondents are directed to settle the claim of the petitioner by 31st December, 2001 and thereafter shall make the payment in accordance with the following directions: (i) the entire dues be paid in 12 monthly instilments the first instilment to commence from 1st January, 2002; (ii) the Corporation shall file compliance report every month supported by an affidavit before the Registry of this Court; (iii) if there is any violation of the directions issued by this Court, the Managing Director shall be held liable for committing contempt of this Court: (iv) the amount be paid imputing the interest at the rate of 10% per annum from the date of retirement till the dues are cleared. But the contributory provident fund amount will carry the interest as admissible from time to time under the PF Rules. The writ petition is disposed of finally with the aforesaid directions. Cost on parties.