Chairman And Managing Director vs Avinash Sharma S/O Shri Girraj ...
2021 Latest Caselaw 7844 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            D.B. Special Appeal Writ No. 255/2020

1.    Chairman And Managing Director, Rajasthan State Road
      Transport Corporation Parivahan Marg, Chomu House,
      Jaipur (Rajasthan)
2.    Member Secretary Selection Board, Rajasthan State
      Transport Corporation Parivahan Marg, Jaipur
                                                              ----Appellants
                                 Versus
1.    Avinash Sharma S/o Shri Girraj Prasad Sharma, Aged
      About 34 Years, R/o Village And Post Atewa Tehsil And
      District Karoli (Rajasthan.)
2.    Kishan Lal Bairwas S/o Shri Chhitar Ram, Aged About 40
      Years, R/o Village Awandiya, Post Chakawara, Tehsil
      Phagi, District Jaipur (Raj.)
3.    Ravinder S/o Shri Hari Singh, Aged About 38 Years, R/o
      Village Bhadwasi, Via Katrathal, District Sikar (Raj.)
4.    Kishan Lal Meena S/o Mahadev Prasad Meena, Aged
      About 42 Years, R/o Village And Post Ladli Ka Bas, Tehsil
      Nangal Rajawtan, District Dausa (Raj.)
5.    Sunil Kumar Sihag S/o Hari Ram Sihag, Aged About 35
      Years, R/o Village And Post Kant, Via Alsisar, District
      Jhunjhunu (Raj.)
6.    Balbeer Choudhary S/o Ramkumar Choudhary, Aged
      About 34 Years, R/o Shiv Mandir Ke Pass, Khatripura,
      District Nagaur (Raj.)
7.    Shriram Gurjar S/o Bodi Lal Gurjar, Aged About 31 Years,
      R/o Village And Post Teori, Via Maid, Tehsil Viratnagar,
      District Jaipur (Raj.)
8.    Sunil Kumar S/o Dharampal, Aged About 36 Years, R/o
      Village Dungerbas, Post Bhojasar, Tehsil Bhadra, District
      Hanumangarh (Raj.)
9.    Harish Batan S/o Rampal, Aged About 35 Years, R/o
      Bachcha Khada, Ward No. 28, District Nagaur (Raj.)
10.   Sunil Tetarwal S/o Kumbha Ram Tetarwal, Aged About 33
      Years, R/o Dhani Palwali, Post Bhagega, Tehsil Neem Ka
      Thana, District Sikar (Raj.)



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11.   Dinesh Chand Meena S/o Chandan Ram Meena, Aged
      About 44 Years, R/o Village Palanpur, Tehsil Hindauncity,
      District Karauli (Raj.)
12.   Shyam Sunder S/o Hanuman Sharma, Aged About 40
      Years, R/o 5/257, Adarsh Nagar, Near N.k. Cinema
      Phalodi, District Jodhpur (Raj.)
13.   Arvind Kumar Bhuria S/o Omprakash Bhuria, Aged About
      38 Years, R/o Village Pura Ki Dhani (Khidarsar), Post
      Derwala, District Jhunjhunu (Raj.)
14.   Harli Ram Meena S/o Natthi Ram Meena, Aged About 33
      Years, R/o Village Bhanokhar, Tehsil Kathumar, District
      Alwar (Raj.)
15.   Siva Singh S/o Gurmel Singh, Aged About 40 Years, R/o
      Village And Post Meharwala, Ward No. 14, Tehsil Tibbi,
      District Hanumangarh (Raj.)
16.   Sunil Kumar S/o Phool Shand, Aged About 34 Years, R/o
      Village Lakh Ki Dhanai, Post Kairu, Tehsil Nawalgarh,
      District Jhunjhunu (Raj.)
17.   Raja Ram S/o Rati Ram, Aged About 39 Years, R/o Village
      And     Post     Bilochanwala,           Tehsil      Pilibangan,    District
      Hanumangarh (Raj.)
18.   Sukhpal Singh S/o Kulwant Singh, Aged About 42 Years,
      R/o Village Post Meharwala, Ward No.10, Tehsil Tibbi,
      District Hanumangarh (Raj.)
19.   Rohitaswa Kumar S/o Laxman Singh Samota, Aged About
      34 Years, R/o Village Bhagoth, Via Sirohi, Tehsil Neem Ka
      Thana, District Sikar (Raj)
20.   Kapoor Kumar Chandera S/o Kishori Lal Chandera, Aged
      About 43 Years, R/o Village And Post Khan-Bhankari,
      Tehsil And District Dausa (Raj)
21.   Naresh Kumar Saini S/o Shri Kailash Chand Saini, Aged
      About 30 Years, R/o 652, Maliyo Ki Dhani, Village And
      Post Jamwa Ramgarh, District Dausa (Raj)
22.   Mahesh Chand Jatav S/o Shri Chhote Lal Jatav, Aged
      About 48 Years, R/o A-180, Ranjeet Nagar, District Alwar
      (Raj)
23.   Surender Pal S/o Shri Dhuda Ram, Aged About 22 Years,
      R/o     Sureshia,       Ward        No.44,        Near     Police   Chowki
      Hanumangarh (Raj)
24.   Santlal Suthar S/o Budhram Suthar, Aged About 38 Years,

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      R/o Village And Post Phephana, Tehsil Nohar, District
      Hanumangarh (Raj)
25.   Ramchander Maan S/o Shri Sultan Singh Maan, Aged
      About 46 Years, R/o Village And Post Gudia, Tehsil Nohar,
      District Hanumangarh (Raj)
26.   Nemi Chand Meena S/o Shri Shyam Lal Meena, Aged
      About    34      Years,       R/o      Village       Meenapada,      Tehisl
      Gangapurcity, District Sawaimadhopur (Raj)
27.   Lokesh Kumar Sharma S/o Shri Satya Prakash Sharma,
      Aged    About      36    Years,       R/o       A-136,    Tirupati   Nagar,
      Jagatpura, District Jaipur (Raj)
28.   Ramkishor Meena S/o Shri Pratap Ram Meena, Aged
      About 45 Years, R/o Village Fatehpura (Bhomiyan), Via
      Gurara, District Sikar (Raj)
29.   Sher Mohammad S/o Noor Mohammad, Aged About 38
      Years, R/o Village Mundpuri Kalan, Tehsil Govindhgarh,
      District Alwar (Raj)
30.   Dharmendra Kumar S/o Shri Begraj Derwal, Aged About
      37 Years, R/o Village And Post Shyampura (East) Via
      Ranoli, Tehsil Dataramgarh, District Sikar (Raj)
31.   Radha Krishan Verma S/o Shri Chiman Lal Verma, Aged
      About 43 Years, R/o Ward No. 14, Village And Post
      Beennjhbayla, Tehsil Padampur, District Sriganganagar
      (Raj)
32.   Manish Kumar Sharma S/o Mahavir Prasad Sharma, Aged
      About 34 Years, R/o 1-B Meena Colony Badanpura District
      Jaipur (Raj)
33.   Ramswroop Meena S/o Shri Bhagwan Sahay Meena, Aged
      About 42 Years, R/o Village Khedawas, Post Newar, Tehsil
      Jamwaramgarh, Districtjaipur (Raj)
34.   Phool Singh Yadav S/o Shribalram Yadav, Aged About 39
      Years, R/ovillage Sahajpura, Post Kherli District Alwar
      (Raj)
35.   Virdh Pal Singh S/o Shri Kamal Singh, Aged About 32
      Years, R/o Village And Post Bhurtiya, Tehsil Barmer,
      District Barmer (Raj)
36.   Pritam Singh S/o Shri Nahar Singh, Aged About 33 Years,
      R/o Village And Post Bahaduwas Via Mandawa, District
      Jhunjhunu (Raj)
37.   Suresh Kumar Koli S/o Bhagwan Sahay, Aged About 36

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      Years, R/o Village And Post Peechupara Khurd, Tehsil
      Baswa, District Dausa (Raj)
38.   Arun Kumar Kokwal S/o Shri Lal, Aged About 35 Years,
      R/o Village And Post Souroth, Tatwara Road, Tehsil
      Hindauncity, District Karauli (Raj)
39.   Hari Om Joshi S/o Shri Kanhaiya Lal Sharma, Aged About
      32 Years, Resident Of In Front Of Mil Dairy, Jaipur Road,
      Malpura, Distt. Tonk (Raj.)
40.   The State Of Rajasthan, Through                           Commissioner Of
      Transport Government Of Rajasthan Secretariat, Jaipur
      Rajasthan.
                                                                 ----Respondents

Connected With D.B. Special Appeal Writ No. 460/2020

1. Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Parivahan Marg, Head Office Jaipur (Rajasthan)

2. Executive Director (Traffic), Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office Jaipur (Raj.)

----Appellants Versus

1. Jitendra Kumar Chaturvedi S/o Shri Jagdish Prasad, Aged About 36 Years, Resident Of 201, Shri Ram Vihar Colony Keshav Vidhyapeetha Ke Pass, Jamdoli, Jaipur, Rajasthan.

2. Amit Tiwari S/o Shri Bhawani Shanker, Aged About 40 Years, Resident Of B-394-395, Vidhyadhar Nagar, Jaipur (Raj.)

----Respondents D.B. Special Appeal Writ No. 461/2020

1. Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Parivahan Marg, Head Office, Jaipur (Raj.)

2. Executive Director (Traffic), Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office, Jaipur (Raj.).

                                                                   ----Appellants
                                   Versus



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Heera Lal Choudhary S/o Shri Ladu Lal Choudhary, Aged About 32 Years, Resident Of Goverdhanpura, Post Lawa, Tehsil Peplu, District Tonk.

----Respondent D.B. Special Appeal Writ No. 462/2020

1. Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Parivahan Marg, Head Office, Jaipur (Rajasthan).

2. Executive Director (Traffic), Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office, Jaipur (Rajasthan).

----Appellants Versus Sait Christy S/o Shri David, Aged About 37 Years, Resident Of 124, Dadu Nagar, Bichun Road, Phulera, Jaipur.

----Respondent D.B. Special Appeal Writ No. 464/2020

1. Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur Through Its Secretary.

2. Managing Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

3. Member Secretary, Service Selection Board, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

----Appellants Versus

1. Jay Kumar Joshi S/o Sh. Vijay Kumar Joshi, Aged About 35 Years, R/o Village Sikandra, Tehsil Sikrai, District Dausa (Raj.)

2. Khagendra Singh Naruka S/o Shri Dungar Singh, R/o Bagar Ka Bans (Nai Basti), Thakur Ka Kua, Alwar, Dist. Alwar (Raj.)

3. Anil Kumar Sharma S/o Sh. Guljari Lal Sharma, R/o Village Badh, Post Dhigawda, Teh. Rajgarh, Dist. Alwar (Raj.)

4. Harveer Singh S/o Sh. Yadram Yadav, Aged About 38 Years, Resident Of Village Nagla Dharsoni, Tehsil Vair, District Bharatpur (Raj.)

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----Respondents D.B. Special Appeal Writ No. 465/2020

1. Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Parivahan Marg, Head Office Jaipur (Rajasthan)

2. Executive Director (Traffic), Rajasthan State Road Transport Corporation, Jaipur (Rajasthan)

3. The Member Secretary, Service Selection Board Cum Deputy G.m. (Administration) Rajasthan State Road Transport Corporation, Jaipur (Rajasthan)

4. Chief Manager Kota Depot, Rajasthan State Road Transport Corporation, District Kota (Rajasthan)

5. Chief Manager Churu Depot, Rajasthan State Road Transport Corporation, District Churu Rajasthan.

6. Chief Manager Bundi Depot, Rajasthan State Road Transport Corporation, District Bundi Rajasthan.

----Appellants Versus

1. Shish Ram S/o Shri Bhagwana Ram, Aged About 35 Years, Resident Of Village Sounthliya, Post Bawari, Tehsil Sri Madhopur, District Sikar, Rajasthan.

2. Devi Shankar Sharma S/o Shri Ram Kalyan Sharma, Aged About 31 Years, Resident Of Plot No. 251, Goverdhan Nagar, Toll Tax, Bambala Puliya Sanganer, Jaipur, Rajasthan

3. Kumbha Ram S/o Shri Jhabar Singh, Aged About 37 Years, Resident Of Dhani Jari, Post Vijaypura, Via Sri Madhopur, District Sikar, Rajasthan

----Respondents D.B. Special Appeal Writ No. 607/2021

1. The Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

2. The State Of Rajasthan, Through Commissioner Of Transport, Government Of Rajasthan, Secretariat,jaipur.

3. The Member Secretary, Service Selection Board, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

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4. The Executive Director (Traffic), Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

5. The Chief Manager Baran Depot, Rajasthan State Road Transport Corporation, District Baran.

----Appellants Versus Nemi Chand Muwal S/o Shri Chunni Lal, Aged About 48 Years, R/o Village Rampura,post Nathawatpura, District Sikar (Raj)

----Respondent D.B. Special Appeal Writ No. 628/2021

1. Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Parivahan Marg, Head Office, Jaipur (Rajasthan)

2. Executive Director (Traffic), Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office, Jaipur (Rajasthan)

----Appellants Versus

1. Ashok Kumar Gurjar S/o Shri Rajaram Gurjar, Aged About 41 Years, Resident Of Village Dudawali, Post Padala, Tehsil Todabhim, District Karoli, Raj.

2. Subhash Chand Gurjar S/o Shri Puran Singh, Aged About 42 Years, Village And Post Pahadi, District Bharatpur, Raj.

----Respondents D.B. Special Appeal Writ No. 648/2021

1. The Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

2. The State Of Rajasthan, Through Commissioner Of Transport, Government Of Rajasthan, Secretariat, Jaipur.

3. The Member Secretary, Service Selection Board, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

4. The Executive Director (Traffic), Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

5. The Chief Manager Bundi Depot, Rajasthan State Road

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Transport Corporation, District Bundi.

----Appellants Versus Satvir Gurjar S/o Kamal Singh Gurjar, Aged About 34 Years, R/o Village Dubbi, Post Sri Mahavirji, Tehsil Hindaun District Karauli (Raj.)

----Respondent

For Appellant(s) : Mr. J.K. Singhi, Sr. Adv. assisted by Mr. Tarun K.Verma

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment

20/12/2021

Defects are overruled.

These appeals are filed by the Rajasthan State Road

Transport Corporation (hereinafter to be referred as 'the

corporation') to challenge the respective decisions of the learned

Single Judges including in one of them the review judgment dated

01.05.2019 passed in S.B. Review Petition No.286/2018.

It appears that attempt made by the corporation to

recruit conductors which began in the year 2010 has run into

multiple controversies which are existing even after more than 10

years. By way of implementation of the directions of the Supreme

Court, 552 persons already engaged were liable to be terminated

because they did not fall in the merit list as was revised as per the

directions of the Court. Their termination was protected by the

High Court. The question of engaging the candidates who were

found meritorious as per the revised list while protecting the

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services of 552 conductors already appointed became more

relevant. The corporation filed review petition No.286/2018 which

was disposed of by an order dated 01.05.2019 by the Single

Judge. In this order the concession of the corporation with

respect to continuation of services of 552 conductors was recorded

in following terms:-

"Learned counsel submitted that the Corporation has further not assailed the order passed by this Court before the Division Bench and they intend to continue the services of 552 candidates, who have been been protected by this Court."

Proceeding on the basis of this concession the learned Single

Judge disposed of the review petition by providing as under:-

"This Court finds that the directions to fill remaining 391 vacancies was in the context of maintaining the list of the candidates, who were already selected and appointed, including 552 candidates.

This Court finds that the vacancies, which were advertised by the Corporation, if have been occupied and the candidates have been appointed, there is no necessity to fill the vacancies anymore and further, 391 vacancies were occupied by the candidates, the Corporation is not required to undertake any further exercise.

With the aforesaid observations, the review petition is allowed. The order dated 19th September, 2018 is clarified to this extent."

In these appeals the corporation has challenged not only this

review order passed by the learned Single Judge but with greater

seriousness, the original common judgment of the learned Single

Judge in which the directions were issued to the corporation not

to terminate 552 candidates originally appointed.

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In our opinion these appeals are not maintainable as of now.

As noted the corporation had in clear terms conveyed to the

learned Single Judge in the review petition that the directions

regarding continuation of the services of 552 candidates who have

been protected by the court is not to be assailed before the

Division Bench. The learned Single Judge proceeding on this

assurance went on to dispose of the review petition observing that

the direction to fill up remaining 391 vacancies was in the context

of maintaining the list of the candidates who were already selected

and appointed including 552 candidates. The original order was

therefore clarified by providing that there is no further necessity to

appoint 391 candidates and no such exercise shall be undertaken

by the corporation.

To begin with, having made a statement before the learned

Single Judge the corporation cannot turn away from the same.

The appeals are directed against the decision of the learned Single

Judge not allowing the corporation to terminate the services of

552 candidates. Secondly on the basis of this statement the

learned Single Judge had in the review order granted certain

benefits to the corporation. The corporation cannot withdraw the

statement and still retain the benefits granted on the basis of such

statement. Lastly learned counsel for the corporation stated that

recording of this statement was incorrect. If that be so by settled

law, the corporation has to approach the learned Single Judge for

making necessary correction if any. What actually transpired in the

Court, has to be as recorded in an order or judgment of the Court.

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Thus leaving open for the corporation to approach the

learned Single Judge for recalling its statement recorded in the

review order, all these appeals are disposed of at this stage. If

after such exercise is undertaken any grievance of the corporation

still survives it will open to file fresh appeals. It is clarified that we

have not expressed any opinion on the correctness or otherwise of

the statement of the corporation recorded in the said order.

All the appeals are disposed of accordingly. Pending

applications also stand disposed of.

(UMA SHANKER VYAS),J (AKIL KURESHI),CJ

KAMLESH KUMAR/N.GANDHI/1, 3-10

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