Sattar Mohammad (Senior Citizen) ... vs Rajasthan State Road Transport ...
2021 Latest Caselaw 6655 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 11983/2021

Sattar Mohammad (Senior Citizen) S/o Shri Fafir Mohammad,
Aged About 64 Years, R/o Patik Nagar, Bijoliya, Distt. Bhilwara
(Raj.)
                                                                     ----Petitioner
                                     Versus
1.       Rajasthan State Road Transport Corporation, Through
         Chairman Cum Managing Director, Head Office, Parivahan
         Marg, Chomu House, C-Scheme, Jaipur, District Jaipur,
         Rajasthan.
2.       Chief    Manager        Rajasthan           State        Road   Transport
         Corporation, Bhilwara Depo, Distt. Bhilwara.
                                                                  ----Respondents

Connected With S.B. Civil Writ Petition No. 11985/2021 Mangilal Ansari (Senior Citizen) S/o Shri Goru Kha, Aged About 64 Years, R/o 1-J-7 Sanjay Gandhi Nagar Vigyannagar, Kota, Rooppura, New Grain Mandi, Kota, (Raj.)

----Petitioner Versus

1. Rajasthan State Road Transport Corporation, Through Chairman Cum Managing Director, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur, District Jaipur, Rajasthan.

2. Chief Manager, Rajasthan State Road Transport Corporation, Kota Depot Distt. Kota Rajasthan.

----Respondents S.B. Civil Writ Petition No. 12064/2021 Amar Chand (Senior Citizen) S/o Shri Janki Lal, Aged About 64 Years, R/o Mahaveer Nagar, Vistar Yojna, 3-I-49, Distt Kota (Raj.)

----Petitioner Versus

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

(2 of 4) [CW-11983/2021]

Marg, Chomu House, C-Scheme, Jaipur, District Jaipur, Rajasthan.

2. Chief Manager Rajasthan State Road Transport Corporation, Kota Depo, Distt, Kota.

----Respondents S.B. Civil Writ Petition No. 12068/2021 Chokha Ram Saini (Senior Citizen) S/o Shri Surajmal Saini, Aged About 61 Years, R/o Pili Ki Talai, Amer, Distt. Jaipur.

----Petitioner Versus

1. Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur, District Jaipur, Rajasthan.

2. Chief Manager Rajasthan State Road Transport Corporation, Vaishali Nagar Depot, Distt. Jaipur.

----Respondents

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

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

18/11/2021

For the reasons stated in the applications No.1/2021 in S.B.

Civil Writ Petitions No.11983/2021 & 11985/2021, the same are

allowed. The affidavits in reply are taken on record.

Learned counsels appearing for the respective parties submit

that the controversy involved in the writ petitions wherein the

petitioners have claimed retiral benefits and other allowances, stands

squarely covered by a co-ordinate Bench judgment of this Court

dated 17.09.2021 passed in case of Omprakash Mundel vs.

Chairman and Managing Director & Ors., S.B. Civil Writ

(3 of 4) [CW-11983/2021]

Petition No.11764/2021, and pray that the writ petitions may also

be disposed of in the same terms as referred to below:-

"2. This Court, while deciding the case of Daulat Ram (supra), directed as under:-

"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."

3. In view of above, this writ petition is also allowed in light of the judgment in case of Daulat Ram (supra) with the same directions, as quoted hereinbefore.

4. The above order shall be subject to following conditions:-

(i) While making the payment to the petitioner, respondent-Corporation shall take into account of 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 Jaipur 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 SBCWP No.992/2018."

Taking into consideration the submissions made by the learned

counsels for the respective parties, these writ petitions are disposed

of in terms of order dated 17.09.2021 of this Court in case of

Omprakash Mundel (supra) and it is directed that the aforesaid

direction shall mutatis mutandis apply to this case too.

(4 of 4) [CW-11983/2021]

The writ petitions are disposed of accordingly.

The application No.2/2021 in S.B. Civil Writ Petition

No.11983/201 also stands disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/21-24

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