Rajasthan High Court
Abdul Rasid S/O Shri Suja Khan vs The State Of Rajasthan on 18 November, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 25512/2018
Abdul Rasid S/o Shri Suja Khan, Aged About 62 Years, R/o Delhi
Road, Mungaska, Near Amarnath Petrol Pump, Alwar (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Transport
Commissioner, Parivahan Bhawan, Sahkar Marg, Jaipur
(Raj.)
2. Rajasthan State Road Transport Corporation, Through Its
Managing Director, Parivahan Marg, Chomu House, Jaipur
(Raj.)
3. The Financial Advisor, Rajasthan State Road Transport
Corporation Through Its Managing Director, Parivahan
Marg, Chomu House, Jaipur (Raj.)
4. The Executive Director (Admn.), Rajasthan State Road
Transport Corporation Through Its Managing Director,
Parivahan Marg, Chomu House, Jaipur (Raj.)
5. The Chief Depot Manager, Rajasthan State Road Transport
Corporation , Alwar Depot, Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Gupta
For Respondent(s) : Mr. Vinayak Joshi
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
18/11/2021
For the reasons stated in the application No.8844/2019, the
same is allowed. The affidavit in reply is taken on record.
Learned counsels appearing for the respective parties submit
that the controversy involved in the writ petition wherein the
petitioner has claimed retiral benefits and other allowances, stands
squarely covered by a co-ordinate Bench judgment of this Court
(2 of 3) [CW-25512/2018]
dated 17.09.2021 passed in case of Omprakash Mundel vs.
Chairman and Managing Director & Ors., S.B. Civil Writ
Petition No.11764/2021, and pray that this writ petition 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, this writ petition is disposed of in
terms of order dated 17.09.2021 of this Court in case of Omprakash
(3 of 3) [CW-25512/2018]
Mundel (supra) and it is directed that the aforesaid direction shall
mutatis mutandis apply to this case too.
This writ petition is disposed of accordingly.
The application No.1/2021 also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/18
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