Rajasthan High Court
Rajasthan State Road Transport ... vs Banshidhar Nai S/O Sh. Late Govind ... on 5 August, 2021
Bench: Sabina, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Special Appeal (Writ) No. 390/2021
In
S. B. Civil Writ Petition No. 3497/2015
1. Rajasthan State Road Transport Corporation, through its
Managing Director, Pariwahan Marg, Chomu House,
Jaipur.
2. Depot Manager, Rajasthan State Road Transport
Corporation, Pali (Raj.).
----Appellants
Versus
Banshidhar Nai S/o Sh. Late Govind Ram, aged about 53 Years,
Resident of Gram Surjpura, Po-Vatika, Tehsil-Sanganer, District-
Jaipur (Raj.).
----Respondent
For Appellants : Mr. Om Prakash Sheoran Advocate
through Video Conferencing.
For Respondent : Mr. Rajendra Vaish Advocate.
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment
05/08/2021
Appellant-Rajasthan State Road Transport Corporation
has filed the appeal challenging order dated 12.02.2021 passed by
the learned Single Judge, whereby, writ petition filed by the
respondent was allowed.
We have heard learned counsel for the parties and have
gone through the record available on the file carefully.
(2 of 3) [SAW-390/2021]
A perusal of impugned order dated 12.02.2021 reveals
that it was agreed by both the parties that the writ petition filed
by the respondent was covered by decision given by learned
Single Judge in Phool Chand Gurjar & Others Vs. Rajasthan
State Road Transport Corporation & Others (S. B. Civil Writ
Petition No. 1920/2021 decided on 12.09.2018). Said
decision was upheld by Division Bench of this Court vide judgment
dated 31.01.2020 passed in Rajasthan State Road Transport
Corporation & Another Vs. Phool Chand Gurjar & Others
(D.B. Special Appeal Writ No. 463/2019).
Learned counsel for the respondent has pointed out
that the decision given by the Division Bench of this Court was
challenged by the appellant-Corporation before the Hon'ble
Supreme Court by filing Petition(s) for Special Leave to
Appeal (C) No(s). 3180/2021, Rajasthan State Road
Transport Corporation & Another Vs. Phool Chand Gurjar &
Others and special leave petition was disposed of vide order
dated 07.04.2021.
Order dated 07.04.2021 passed by the Hon'ble
Supreme Court reads as under:
"Shri Bhattacharya, learned counsel appearing
for the petitioners points out that out of 15 persons
only one person namely, 'Banshidhar Nai' has joined
the service pursuant to the order dated 14.03.2001
of reinstatement.
Needless to say that the direction of the High
Court to consider for regularization under the
scheme dated 31.03.1995 can apply only to those
who may have rejoined service after the order of
reinstatement, passed by the Labour Court.
With the aforesaid observation, the special
leave petition is disposed of.
Pending application(s) shall stand disposed of."
(3 of 3) [SAW-390/2021]
Learned counsel for the respondent has further pointed
out that the respondent had rejoined service in pursuance to the
order of reinstatement passed by the Labour Court.
In view of above factual background, no ground for
interference is made out.
Dismissed.
(CHANDRA KUMAR SONGARA),J (SABINA),J
MANOJ NARWANI /1
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