Rajasthan High Court
Babu Lal Jayaswal S/O Sh. Johari ... 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. 11117/2021
Babu Lal Jayaswal S/o Sh. Johari Lal, Aged About 61 Years, R/o
Village And Post Kalakhoh, Tehsil And 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 Manger, Dausa Depot, Dausa.
----Respondents
For Petitioner(s) : Mr. L.M. Bhardwaj
For Respondent(s) : Ms. Devyani Rathore
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
21/10/2021
Ms. Devyani Rathore, learned counsel appears for respondents.
Service is complete.
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
(2 of 2) [CW-11117/2021]
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
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.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/12
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