Suraj Mal Sain (Senior Citizen) ... vs Rajasthan State Road Transport ...
2021 Latest Caselaw 1038 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 1080/2021

Suraj Mal Sain (Senior Citizen) S/o Lt. Shri Laxminarayan Sain,
Aged About 65 Years, R/o Plat No. 48, Shanti Nagar, Kartarpura
Phatak, Ankit School Ke Pass, District Jaipur, (Raj.).
                                                                   ----Petitioner
                                   Versus
1.      Rajasthan State Road Transport Corporation, Through
        Chairman Cum Managing Director, Head Office, Parivahan
        Marg, Chomu House, C-Scheme, Jaipur, Rajasthan.
2.      Chief    Manager,       Rajasthan          State        Road   Transport
        Corporation, Vaishali Nagar Depot, Dis. Jaipur, Rajasthan.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Rahul Ghiya
For Respondent(s)        :     Ms. Devyani Rathore

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment

01/02/2021

Counsel for the petitioner submits that this matter

stands covered by judgment dated 06.09.2019 passed by this

Court in S.B. Civil Writ Petition No.8257/2016, Shyam

Sunder Bansal Vs RSRTC & Anr.

Counsel for the respondents submit that they gracefully and

respectfully agreed with the judgment passed by this Court in

Shyam Sunder Bansal (supra).

As noted above, it is submitted that the interest on gratuity

which is being released as per directions within two months, was

allowed to be paid on seniority basis to its employees. This Court

has in Shyam Sunder Bansal (supra) held that the RSRTC would

release the retiral benefits and interest on gratuity within period of

(2 of 2) [CW-1080/2021]

two months and so far as other claims of retired employees

relating to payment of overtime gazetted holidays, weekly rests

are concerned, RSRTC would conduct audit in this regard and as

per the audit report if any amount is found to be payable, the

same shall also be expeditiously released preferably within a

period of six months. The mode and method of payment has to be

for all employees who have attained superannuation and if in this

regard a decision is taken by the RSRTC to release it on seniority

basis i.e. those who have retired earlier, and thereafter to release

for those who have retired later on, the same cannot be in any

manner objected by this Court. However, this would not in any

manner impede any person from approaching this Court for

passing of an order.

It is made clear that if RSRTC takes such a decision, the

petitioner who have approached this Court would not have any

claim for initiating contempt proceedings that they were not paid

prior to those who have retired before them.

Accordingly, this petition is allowed in above terms.

(SANJEEV PRAKASH SHARMA),J

saurabh/39

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