Rajasthan High Court - Jodhpur
Bhanwar Singh Chouhan vs Rajasthan State Road Transport ... on 6 December, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7792/2019
Bhanwar Singh Chouhan S/o Shri Balwant Singh Chouhan, Aged
About 61 Years, By Caste- Rajput, Resident Of- Shiv Colony,
Behind Kisan Chatrawas, Merta City, District- Nagaur.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Parivahan
Marg, Headquarter, Jaipur Through Its Chairman.
2. Managing Director, Rajasthan State Road Transport
Corporation, Parivahan Marg, Headquarter, Jaipur.
3. Chief Depot Manager, Rajasthan State Road Transport
Corporation, Ajmer Depot, Ajmer.
----Respondents
For Petitioner(s) : Mr. Dev Anand Solanki
For Respondent(s) : Mr. Sunil Purohit
HON'BLE MS. JUSTICE REKHA BORANA
Order
06/12/2022
Learned counsel for the parties are ad idem on the fact that
the matter would be covered by the judgment passed in Daulat
Ram Vs. Chairman & Managing Director, RSRTC & Ors. (S.B.
Civil Writ Petition No.9687/2015) decided on 01.10.2015.
The 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
(2 of 3) [CW-7792/2019]
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."
A request has been made by learned counsel for the
petitioner that that the petitioner is paralytic and therefore, his
case may be considered in terms of clause (ii) as mentioned
above.
In view of the request made, it is directed that the
respondent would consider the case of the petitioner as emergent
and payment would be made to him out of the seniority in terms
of clause (ii) above.
(3 of 3) [CW-7792/2019]
The needful be done within a period of two months from the
date of receipt of copy of the present order.
The stay application also stands disposed of.
(REKHA BORANA),J
74-AnilKC/Abhishek/-
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