Shyam Lal Sharma S/O Sh. Girraj ... vs Rajasthan State Road Transport ...
2021 Latest Caselaw 224 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No.195/2021

1.       Shyam Lal Sharma S/o Sh. Girraj Prasad Sharma, Aged
         About 35 Years, R/o Duhar Chaugan, Tehsil Thanagaji,
         District Alwar (Raj.)
2.       Kanharam Yadav S/o Sh. Leelaram Yadav, Aged About 26
         Years, R/o Village Khohari, Tehsil Bansur, District Alwar
         (Raj.)
                                                                    ----Petitioners
                                     Versus
1.       Rajasthan State Road Transport Corporation, Head Office
         Jaipur, Through Its Chairman Cum Managing Director.
2.       Chief    Manager,        Rajasthan          State        Road   Transport
         Corporation, Matsya Nagar Depot, Alwar (Raj.)
                                                                  ----Respondents

For Petitioner(s) : Mr. Suresh Kashyap For Respondent(s) :

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

12/01/2021

These petitioners are working on a contract basis and they

have not appeared through regular mode of selection. The

appointment was being made as a Bus Sarthi (Conductor) with the

condition that their salary shall relate to the income generated by

them for which targets were laid down. Now they have

approached this Court challenging the said condition after having

accepted the condition while taking employment, the petitioners

cannot turn around and state that such condition is unjustified.

The claim of the petitioners for being given regular salary in terms

of the judgment passed by the Supreme Court in the case of

(2 of 2) [CW-195/2021]

State of Punjab & Others Versus Jagjit Singh & Others,

2017 (1) SCC 148 is found to be not tenable.

In view of the fact that the appointments of the petitioners

are clearly a backdoor entry and are only related with grant of

amount as salary/ honorarium in relation to the income generated

by them. They cannot claim themselves in any manner for any

parity with regularly selected candidates (Conductors) of the

Department.

The writ petition is found to be devoid of merit and the same

is accordingly dismissed.

(SANJEEV PRAKASH SHARMA),J

Ashu/69

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