Madan Kishore Deval vs The Rajasthan State Road ...
2022 Latest Caselaw 1262 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17869/2021

Madan Kishore Deval S/o Sh. Bharat Singh, Aged About 60 Years, Resident Of Veer Teja Colony, Outside 3Rd Pol, Mahamandir, Jodhpur.

----Petitioner Versus

1. The Rajasthan State Road Transport Corporation, Through Its Managing Director, Parivahan Marg (Headquarter), Jaipur.

2. The Executive Director (Traffic), Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office, Jaipur.

3. The Financial Advisor And Chief Accounts Officer, Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office, Jaipur.

4. The Chief Production Manager, Central Workshop, Rajasthan State Road Transport Corporation, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki (through VC) For Respondent(s) : Mr. Suniel Purohit (through VC)

HON'BLE MR. JUSTICE ARUN BHANSALI Order 27/01/2022

It is submitted by learned counsel for the parties that the

dispute raised in present writ petition has already been

adjudicated by this Court in Daulat Ram Vs. Chairman & Managing

Director, RSRTC & Ors. (S.B. Civil Writ Petition No.9687/2015,

decided on 01.10.2015) and, therefore, the present writ petition

may also be disposed of in light of the said judgment.

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

(2 of 2) [CW-17869/2021]

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."

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.

The stay application also stands disposed of.

(ARUN BHANSALI),J 15-Sumit/-

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