Rajasthan High Court - Jodhpur
Moti Singh Rajpurohit vs The Rajasthan State Road ... on 26 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12215/2021
Moti Singh Rajpurohit S/o Shri Devi Singh Rajpurohit, Aged
About 63 Years, Opp. Bus Stand, Desoori, District Pali (Raj.).
----Petitioner
Versus
1. The Rajasthan State Road Transport Corp., Through
Managing Director, Head Office, Choumu House,
Parivahan Marg, Jaipur.
2. The Executive Director (Administration), The Rajasthan
State Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Financial Advisor And Chief Account Officer, The
Rajasthan State Road Transport Corporation, Head Office,
Parivahan Marg, Jaipur.
4. The Chief Manager/depot Manger, The Rajasthan State
Road Transport Corporation, Falna Depot, District Pali.
5. The Chief Manager / Depot Manger, The Rajasthan State
Road Transport Corporation, Dungarpur Depot, District
Dungarpur (Raj.).
----Respondents
For Petitioner(s) : Mr. C.S. Bissa
For Respondent(s) : Dr. Harish Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
It is submitted by learned counsel for the parties that the
dispute raised in present writ petition has already been
adjudicated by this Court in Daulat Ram Vs. Chairman & Managing
Director, RSRTC & Ors. (S.B. Civil Writ Petition No.9687/2015, decided
on 01.10.2015) and, therefore, the present writ petition may also be
disposed of in light of the said judgment.
(2 of 2) [CW-12215/2021]
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."
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.
The above order shall be subject to following conditions:-
(i) While making the payment to the petitioner,
respondent-corporation shall take into account 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 SBWCP
No.992/2018.
The stay application also stands disposed of.
(DR. PUSHPENDRA SINGH BHATI),J
100-Zeeshan
Powered by TCPDF (www.tcpdf.org)
