Kajod Mal Sharma S/O Sh. Madan Lal ... vs Rajasthan State Road Transport ...
2021 Latest Caselaw 5562 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 8938/2021

Kajod Mal Sharma S/o Sh. Madan Lal Sharma, Aged About 63
Years, R/o Nidhivan Colony, New Mandi Road, Dausa District
Dausa (Raj.).
                                                                   ----Petitioner
                                   Versus
1.     Rajasthan State Road Transport Corporation, Through Its
       Chairman Cum Managing Director, Head Office, Jaipur.
2.     Financial Adviser And Chief Pension And Gratuity Officer,
       Rsrtc, Head Officer, Jaipur.
3.     The Chief Manager, Dausa Depot, Dausa.
                                                                ----Respondents

For Petitioner(s) : Mr. L.M. Bhradwaj, Adv. For Respondent(s) : Ms. Devyani Rathore, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

04/10/2021

1. Issue notice to the respondents.

2. Ms. Devyani Rathore, Adv., accepts notice on behalf of the

respondents.

3. Counsel for the petitioner submits that the issue involved in

this writ petition has already been considered and decided by the

Co-ordinate Bench of this court in the matter of Mohan Lal

Sharma Vs. Rajasthan State Road Transport Corporation

and another (S.B. Civil Writ Petition No.20519/2019) wherein on

10.12.2019 it has been held as under:-

"Counsel for the petitioner submits that this matter stands covered by judgment dated 06.09.2019 passed by this Court in S.B. Civil Writ Petition No.8257/2016,

(2 of 2) [CW-8938/2021]

Shyam Sunder Bansal Vs RSRTC & Anr., Counsel for the respondents submit that they gracefully and respectfully agreed with the judgment passed by this Court in Shyam Sunder Bansal (supra).

As noted above, it is submitted that the interest on gratuity which is being released as per directions within two months, was allowed to be paid on seniority basis to its employees. This Court has in Shyam Sunder Bansal (supra) held that the RSRTC would release the retiral benefits and interest on gratuity within period of two months and so far as other claims of retired employees relating to payment of overtime gazetted holidays, weekly rests are concerned, RSRTC would conduct audit in this regard and as per the audit report if any amount is found to be payable, the same shall also be expeditiously released preferably within a period of six months. The mode and method of payment has to be for all employees who have attained superannuation and if in this regard a decision is taken by the RSRTC to release it on seniority basis i.e. those who have retired earlier, and thereafter to release for those who have retired later on, the same cannot be in any manner objected by this Court. However, this would not in any manner impede any person from approaching this Court for passing of an order.

It is made clear that if RSRTC takes such a decision, the petitioner who have approached this Court would not have any claim for initiating contempt proceedings that they were not paid prior to those who have retired before them.

Accordingly, this petition is allowed in above terms."

4. Counsel for the respondents has not disputed this fact.

5. In that view of the matter, the present writ petition stands

disposed of in view of the judgment passed by the Co-ordinate

Bench of this court in the matter of Mohan Lal Sharma (supra).

(INDERJEET SINGH),J

JYOTI /72

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