Sita Ram Sharma vs The Rajasthan State Road ...
2021 Latest Caselaw 16323 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Civil Writ Petition No. 13742/2021

Sita Ram Sharma S/o Moti Ram, Aged About 62 Years, Power
House Ke Pas, Railway Station Ki Road, Sardar Sahar, Churu.
                                                                         ----Petitioner
                                        Versus
1.        The Rajasthan State Road Transport Cor., Through Its
          Managing Director, Parivahan Marg (Headquarter), Jaipur.
2.        The Executive Director (Traffic), Rajasthan State Road
          Transport Corporation, Parivahan Marg, Head Office,
          Jaipur.
3.        The   Financial         Advisor      And      Chief        Accounts   Officer,
          Rajasthan State Road Transport Corporation Corporation,
          Parivahan Marg, Head Office, Jaipur.
4.        The Chief Manager, Rajasthan State Road Transport
          Corporation, Sardar Shahar Depot, Churu.
                                                                      ----Respondents


For Petitioner(s)             :     Mr. Sushil Solanki
For Respondent(s)             :     Mr. Suniel Purohit



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                         Order

27/10/2021

     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.

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                                                                              (2 of 2)                     [CW-13742/2021]



                                        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.

24-Zeeshan

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