Nannuram Sahu S/O Shri Lal Chand ... vs Rajasthan State Road Transport ...
2021 Latest Caselaw 7506 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 5276/2019

Nannuram Sahu S/o Shri Lal Chand Sahu, Aged About 64 Years,
R/o House No. I-82, Kiradi Chowk, Prem Nagar-II, 70 Feet Road,
Nangloi, Delhi.
                                                                    ----Petitioner
                                   Versus
1.     Rajasthan State Road Transport Corporation, Through Its
       Managing Director, Parivahan Marg, Chomu House, Jaipur
       (Raj.)
2.     The Financial Advisor, Rajasthan State Road Transport
       Corporation, Parivahan Marg, Chomu House, Jaipur (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Vinod Kumar Gupta For Respondent(s) : Mr. Vinayak Joshi

HON'BLE MS. JUSTICE REKHA BORANA

Order

10/12/2021

Counsel for the petitioner states that the controversy in the

present petition stands covered by Order dated 17.09.2021

passed by the Co-ordinate Bench of this Court in S.B. Civil Writ

Petition No. 11764/2021 Omprakash Mundel Vs. Chairman and

Managing Director, Rajasthan State Road Transport

Corporation & Ors.

The said order has been passed keeping in consideration the

order dated 01.10.2015 passed by another Co-ordinate Bench of

this Court in S.B. Civil Writ Petition No. 9687/2015 Daulat Ram

Vs. Chairman & Managing Director, RSRTC, & Ors, relevant

part of which is reproduced as under:-

(2 of 2) [CW-5276/2019]

"In this background, these writ petitions deserve to be and are hereby allowed. The respondent Corporations directed to reimburse the entire dues of all its retired employees under all heads including retiral benefits, overtime, night allowance, earned leave etc. within a period of six months. The due amount shall carry interest @ 6% p.a. from the date of accrual till the date of actual payment. The petitioners shall be at liberty to submit detailed representations to the concerned officers to settle the accounts and facilitate the assessment of dues at the earliest.

No order as to costs."

Counsel for the respondent does not controvert the same.

In view of the above, this writ petition is allowed in light of

the judgment passed by the Co-ordinate Bench of this Court in the

case of Omprakash Mundel (supra) with the following conditions:

(i) While making the payment to the petitioner, respondent-

Corporation shall take into account the corresponding seniority (on

the basis of date of retirement) of all the retired employees.

(ii) In case, the respondents find petitioner's case as emergent,

payment may be made to him, out of the seniority in terms of the

order dated 30.03.2017, passed by Co-ordinate Bench of this

Court in SBCWP No.9127/2016.

(iii) The respondents may defer payment of interest of gratuity for

the time being, as observed in the proceedings dated 17.01.2020

in SBWCP No.992/2018.

Stay petition also stands disposed of.

(REKHA BORANA),J

ashu /5

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