Nafr High Court
Case Details
YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.23 11:36:47 +0530 1 2025:CGHC:3344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2812 of 2024 1 - Inayat Hussain S/o Shri Ahmed Hussain, Aged About 64 Years Worked As Driver In Durg Depot, R/o Nayapara, Near Bijali Office, Raipur, P.S. Gole Bazar, District Raipur, Chhattisgarh. 2 - Shamim Khan S/o Shri Afzal Khan, Aged About 71 Years Worked As Driver, Raipur Deport-2 R/o Idgah Bhatha, Police Station- Azad Chowk, Raipur, District- Raipur, Chhattisgarh
Legal Reasoning
3 - Anil Kumar Khatri S/o Late Shri Lekhraj Khatri, Aged About 49 Years R/o Near Prakash Provision Stores, Main Road, Ashwani Nagar, Raipur, District Raipur, Chhattisgarh 4 - Zahid Mohammad S/o Shri Gul Mohammad, Aged About 58 Years Worked As Conductor, Rajnandgaon, Raipur Depot 2, R/o Ayodhya Nagar, Mathpuraina, Raipur, P.S. Tikrapara, Raipur, District Raipur, Chhattisgarh 5 - Akhtar Hussain S/o Late Shri Rahim Baksh Quraishi, Aged About 58 Years Worked As Conductor, Raipur-I, R/o Gokul Nagar, Near Maa Sharda School, Raipur, P.S. Sej Bahar, District- Raipur, Chhattisgarh 6 - Yogesh Upadhyay S/o Shri R.N. Upadhyay, Aged About 58 Years Worked As Conductor, Durg Depot, R/o House No. 28, Near Shiv Mandir, Sbi Colony, Sunder Nagar, Police Station D.D. Nagar, Raipur, District Raipur, Chhattisgarh 7 - Yogendra Soni S/o Shri Deepalal Soni, Aged About 64 Years Worked As Conductor, Durg Depot, R/o Anand Vihar, Phase Ii, House No. C- 2 502, Poriya Kala Road, Police Station Phulgaon, Ward No. 54, Durg, District Durg, Chhattisgarh 8 - Ullas Kumar S/o Late Shri Moreshwar Bhivgade, Aged About 67 Years Worked As Driver, Durg Depot, R/o Housing Board Colony, House No. Mig/193, Near Sanskritik Bhawan, Borsi, Durg, Police Station Padmanabhpur, District Durg, Chhattisgarh 9 - Balram Singh Thakur S/o Shri M.S. Thakur, Aged About 65 Years Worked As Conductor, Raipur Depot No.2, Sub-Depot Dhamtari, R/o Kabirdham, District- Kabirdham (Kawardha), Chhattisgarh 10 - Shoukat Ali Hashmi S/o Late Shri Sher Ali Hashmi, Aged About 61 Years Worked As Conductor, Jagdalpur Depot, R/o Near Goraj Hospital, Thakur Para, Kawardha, District- Kabirdham, Chhattisgarh 11 - Bhola Singh Yadav S/o Late Gajadhar Yadav, Aged About 61 Years Worked As Buffer Men, Divisional Workshop Ravabhata Raipur, R/o Patel Bakery Line, Supela, Police Station- Supela, Bhilai, District- Durg, Chhattisgarh 12 - Dwarka Prasad Yadav S/o Late Shri Dhanumu Yadav, Aged About 74 Years Worked As Mechanic Assistant, Depot No- 02, Raipur, R/o Thakur Dev Para, Bhathagaon, Police Station- Purani Basti, Raipur, District Raipur, Chhattisgarh. 13 - Bholaram Verma S/o Late Shri Itwari Ram Verma, Aged About 60 Years Worked As Assistant Helper, Divisional Workshop, Ravabhata, Raipur, Rajya Pariwahan Apiliya Adhikaran Raipur, R/o Raipur, Police Station Gol Bazar, Raipur, District Raipur, Chhattisgarh 14 - Surendra Nath Tiwari S/o Late Shri Ramchandra Tiwari, Aged About 63 Years Worked As Conductor, Jagdalpur Depot, R/o Moonpark, Dharampur No.2, Jagdalpur, District- Jagdalpur, Chhattisgarh. 15 - Iqbal Singh S/o Late Shri Gurudayal Singh, Aged About 67 Years Worked As Driver, Raipur Depot No.2, R/o Mahadev Ghat, Shiv Vihar Colony, Raipur, District Raipur, Chhattisgarh. 16 - Ram Tirth Yadav S/o Late Shri Dhurhu Yadav, Aged About 68 Years Worked As Driver, Raipur Depot No.2, R/o Behind Stadium, Ram Nagar 3 Road, Kota, Raipur, Police Station Saraswati Nagar, District Raipur, Chhattisgarh. 17 - Hemsing Sahu S/o Late Shri Suklal Sahu, Aged About 69 Years Worked As Conductor, Jagdalpur, Depot, R/o House No. 154, Ward No.7, Kirandul (M), District Dakshin Bastar-Dantewada, Chhattisgarh. 18 - Abdul Rajjak S/o Shri Abdul Gaffar, Aged About 69 Years Worked As Conductor, Jagdalpur Deport, R/o Near Main Post Office, Beside Old Police Line, Rajendra Nagar, Bilaspur, District Bilaspur, Chhattisgarh. 19 - Ajay Ayachi S/o Late Shri Laxmi Shankar Ayachi, Aged About 50 Years Father Worked As Deputy Managing Director, Divisional Office, Raipur, R/o A/213, Agye Nagar, Bilaspur, P.S. Civil Line, District- Bilaspur, Chhattisgarh. versus ... Petitioners 1 - Chhattisgarh Infrastructure Development Corporation (CIDC), Through Its Managing Director, CIDC, Raipur, Address- Old Phq Building, Gaurav Path, Civil Line, Raipur, District- Raipur, Chhattisgarh. 2 - Madhya Pradesh Road Transport Corporation Through Its Managing Director, Head Officer, Habibganj, Bhopal, Madhya Pradesh. ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Vivek Kumar Agrawal, Advocate For Respondent No.1 : Mr. Anup Majumdar, Advocate For Respondent No.2 : Mr. Varun Sharma, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 20.01.2025 1. Heard Mr. Vivek Kumar Agrawal, learned counsel for the petitioners as well as Mr. Anup Majumdar, learned counsel appearing for respondent No.1 and Mr. Varun Sharma, learned counsel appearing for respondent No.2. 4 2. The instant petition is preferred by the petitioners under Article 226 of the Constitution with the following relief(s):- “10.1 Call for the entire records pertaining to the case of the petitioner from the possession of respondents for its kind perusal of this Hon’ble Court. 10.2 That, this Hon’ble Court be pleased to direct the respondents to pay the E.D.F. interest amount to the petitioners as expeditiously as possible, in the interest of justice. 10.3 That, this Hon’ble Court be pleased to direct the respondents to consider the case of the petitioners and decide the pending representation of the petitioners. 10.4 This Hon’ble Court be further pleased to pass such other order(s) or direction(s), as this Hon’ble Court may deem fit and proper in favour of the petitioner against the respondents including the costs of the petition under the facts and circumstance of the case and in the interest of justice.” 3. Learned counsel for the petitioners submits that an identical issue came up before the Coordinate Bench on 15.11.2017 and the
Decision
same has been disposed of with a direction to the petitioner to make a fresh representation to the respondent No.2 and it was further directed that respondent No.2 shall on receipt the 5 representation take a prompt decision. He further submits that present writ petition also may be disposed of in similar terms as the grievance raised by the petitioners is identical. 4. Learned counsel appearing for respondent No.1 submits that a return has been filed, in which, it has denied the contention advanced by learned counsel for the petitioner. He further submits that the amount which the petitioners are claiming, they have already given to some of the petitioners, as such, the petition is liable to be dismissed. 5. Given the facts and circumstances, this Court feels that the prayer made by the petitioners to be fair and reasonable. Accordingly, the present writ petition also is disposed of in similar terms as has been passed in the WPS No. 6005/2017 vide order dated 15.11.2017. Accordingly, the petitioners are at liberty to move a representation before the respondent No.2, before whom the claim of the previous set of petitions were under process. 6. On submission of the representation by the petitioners, the respondents shall as expeditiously as possible preferably within a period of two months shall verify and if the case of the petitioners are similarly to the previous set of petitions or the petitioners in the case of WPS No. 6005/2017, their claim shall also be processed along with the similarly placed persons, whose writ petitions have 6 already been decided vide orders dated 04.07.2011 and 16.12.2012 in WPS No. 6510/2009 and WA No. 419/2011. 7. In view of the above, instant writ petition accordingly stands disposed of at the motion stage. Yogesh Sd/- Sd/- (Amitendra Kishore Prasad) Judge