Shrawan Lal Haritwal, S/O Shri ... vs Rajasthan State Road Transport ...
2021 Latest Caselaw 5741 Raj/2

Citation : 2021 Latest Caselaw 5741 Raj/2
Judgement Date : 21 October, 2021

Rajasthan High Court

Shrawan Lal Haritwal, S/O Shri ... vs Rajasthan State Road Transport ... on 21 October, 2021

Bench: Mahendar Kumar Goyal

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 10881/2021

Shrawan Lal Haritwal, About 61 Years, S/o Shri Harbaksh Ram,
Aged, R/o V And P Govati Via Palsana, District Sikar Rajasthan
                                                                   ----Petitioner
                                   Versus
1.     Rajasthan State Road Transport Corporation, Head Office,
       Parivahan     Marg,      Chomu         House,        C-Scheme,     Jaipur
       Through Its Chairman Cum Managing Director
2.     Chief    Manager,        Rajasthan          State        Road   Transport
       Corporation, Srimadhopur Depot Srimadhopur
                                                                ----Respondents

For Petitioner(s) : Mr. Mahipal Singh Kharra For Respondent(s) : Mr. Vinayak Joshi

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

21/10/2021

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 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,

(2 of 2) [CW-10881/2021]

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 Mundel (supra) and it is directed that the

aforesaid direction shall mutatis mutandis apply to this case too.