Raj. State Road Trans. Corpn. And ... vs Tara Chand
2021 Latest Caselaw 18264 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 524/2018

1. The Rajasthan State Road Transport Corporation, Head Office, Chomu House, C-Scheme, Jaipur Through Its Managing Director.

2. The Chief Manager, Rajasthan Road Transport Corporation, Hanumangarh Depot, Hanumangarh.

----Appellants Versus Tara Chand S/o Shri Bhagwan Da, Resident Of Ward No. 2, Post Pilibangan, District Hanumangarh Rajasthan.

----Respondent

For Appellant(s) : Mr. Harish Purohit.

For Respondent(s) : Mr. D.S. Thind.

HON'BLE THE CHIEF JUSTICE MR.AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Order

02/12/2021

This appeal is filed by the Rajasthan State Road Transport

Corporation to challenge the judgment of the learned Single Judge

dated 25.01.2017 in S.B. Civil Writ Petition No.8810/2014.

The original petitioner (respondent herein) was appointed as

Driver by the Rajasthan State Road Transport Corporation. He

was granted benefit of first pay up-gradation on 06.10.1999.

After further nine years, his second pay up-gradation was due on

06.10.2008. This was not granted on the ground that he was

visited with certain departmental penalties and, as per the Circular

dated 21.05.2004 issued by the Department, considering the

monetary penalties imposed on the petitioner his pay up-gradation

in the higher pay scale was deferred appropriately.

(2 of 2) [SAW-524/2018]

The learned Single by the impugned judgment held that all

the punishments imposed were before the issuance of Circular

dated 21.05.2009 and the said Circular, therefore, would not

apply.

We are broadly in agreement with the view taken by the

learned Single Judge. The RSRTC has come out with the Circular,

which provided that in addition to imposing monetary penalties,

the increment of the employee would be delayed by a range of 1

to 3 years depending on the quantum of punishment imposed

being Rs.5,000/- for one year, Rs.25,000/- for two years, and

Rs.25,000/- and more for three years respectively.

According to the employer, if the employee did not have

satisfactory service and on account of which his claim for grant of

second pay up-gradation was denied, perhaps we would not

interfere. However, to defer such benefit on the basis of penalty

already imposed and suffered penalties that too by way of Circular,

which was subsequently issued, would not be permissible.

In the result, the appeal is dismissed. Early hearing

application is disposed of.

(SUDESH BANSAL),J (AKIL KURESHI),CJ 46-a.asopa/-

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