Omendra Singh S/O Bijendra Singh vs Managing Director
2021 Latest Caselaw 5792 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 8497/2021

Omendra Singh S/o Bijendra Singh, Aged About 65 Years, R/o 1-
S-38, STC Housing Board, Bharatpur Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.    Managing      Director,      Rajasthan         State      Road   Transport
      Corporation, Parivahan Marg, Chomu House, Jaipur.
2.    The Financial Advisor, Rajasthan State Road Transport
      Corporation, Parivahan Marg, Chomu House, Jaipur.
3.    The Executive Director (Admn), Rajasthan State Road
      Transport Corporation, Parivahan Marg, Chomu House,
      Jaipur.
                                                                ----Respondents

Connected With S.B. Civil Writ Petition No. 8499/2021 Gopal Singh S/o Shri Sodan Singh, Aged About 66 Years, R/o 1- G-10 Housing Board Krishna Colony, Bharatpur.

----Petitioner Versus

1. Managing Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

2. The Financial Advisor, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

3. The Executive Director (Admn), Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

----Respondents S.B. Civil Writ Petition No. 8500/2021 Vijay Kumar S/o Shri Baluram, Aged About 66 Years, R/o Bada Mohalla, Delhi Gate, Kaman, Distt. Bharatpur.

----Petitioner Versus

1. Managing Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

2. The Financial Advisor, Rajasthan State Road Transport

(2 of 3) [CW-8497/2021]

Corporation, Parivahan Marg, Chomu House, Jaipur.

3. The Executive Director (Admn), Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur.

----Respondents

For Petitioner(s) : Mr. Ram Rakh Sharma For Respondent(s) : Mr. Vinayak Joshi

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

22/10/2021

For the reasons stated in the applications No.1/2021, the same

are allowed. The affidavits in reply are taken on record.

Learned counsels appearing for the respective parties submit

that the controversy involved in the writ petitions wherein the

petitioners have 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 these writ petitions 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, 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 of 3) [CW-8497/2021]

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, these writ petitions are 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 these cases too.

The writ petitions are disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /42-44

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