Rajasthan High Court - Jodhpur
Ganeh Dan vs Chairman Cum Md Rsrtc Jpr And Ors on 6 January, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10517/2017
Ganesh Dan S/o Shri Kan Dan, By Caste Charan, Resident Of
Deshnok Tehsil And District Bikaner.
----Petitioner
Versus
1. Chairman Cum Managing Director, Rajasthan State Road
Transport Corporation, Parivahan Bhawan, Parivahan
Marg, Jaipur.
2. Chief Depot Manager, Rajasthan State Road Transport
Corporation, Bikaner Depot, Bikaner
3. Chief Depot Manager, Rajasthan State Road Transport
Corporation, Tonk Depot, Tonk.
----Respondents
For Petitioner(s) : Mr. R. S. Choudhary (through VC).
For Respondent(s) : Mr. Sunil Purohit (through VC).
HON'BLE MS. JUSTICE REKHA BORANA
Order
06/01/2022
The petitioner who had been an employee of the Rajasthan
State Road Transport Corporation (RSRTC) has filed the present
writ petition with the following prayers:
"(i) The respondents may kindly be
directed to release the allowance of over time
hours since 1998.
(ii) The respondents may kindly be
directed to provide the allowance of uniform
as well as arrear of expenses of washing of
uniform.
(2 of 4) [CW-10517/2017]
(iii) The respondents may kindly be
directed to provide the allowance of days of
rest.
(iv) The respondents may kindly be
directed to provide the allowance of
government holidays.
(v) That respondents may kindly be
directed to grant the arrears of salary of fifth
and sixth pay commission along with 18%
interest.
(vi) The respondents may kindly be
directed to grant the selection scales to the
petitioner for 27 years of service.
(vii) The respondents may kindly be
directed to pay gratuity amount along with
18% interest.
(viii) Any other appropriate writ, order or
direction which this Hon'ble Court deems just
and proper may kindly be passed in favour of
the petitioner."
Learned counsel for the petitioner has relied upon the
judgment as passed in S.B. Civil Writ Petition No.
9687/2015 : Daulat Ram Vs. Chairman & Managing
Director, RSRTC & Ors.
Per contra, learned counsel for the respondents has supplied
a copy of the certificate dated 05.01.2022 issued by the
department, whereby, the details of the amounts qua gratuity,
earned leaves, arrears of 5th pay commission, arrears of 6th pay
commission and CPF / GPF amount as paid to the petitioner has
been submitted.
A perusal of the said certificate shows that maximum of the
amounts as due have been paid to the petitioner by the
department. However, according to the petitioner certain amounts
(3 of 4) [CW-10517/2017]
qua allowance of over time, allowance of uniform, allowance of
days of rest, allowance of government holidays and amount qua
selection scale on completion of 27 years of service remains due
till date.
Learned counsel for the respondents has relied upon order
passed in S.B. Civil Writ Petition No. 6635/2021 : Pratap
Singh Champawat v. Rajasthan State Road Trans. Corp. &
Anr., wherein, the Co-ordinate Bench of this Court after
considering the case of Daulat Ram (supra), passed certain
directions.
In view of the same, the present writ petition is also
disposed of in terms of Daulat Ram's case (supra) subject to the
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 petitioner may file a representation raising his remaining
due claims in terms of Daulat Ram's case (supra) before the
respondent-authorities within a period of 2 weeks and the
(4 of 4) [CW-10517/2017]
respondent-authorities shall decide and act upon the same in
terms of Pratap Singh's case (supra).
With these observations, the present writ petition stands
disposed of.
(REKHA BORANA),J
111-Sachin/-
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