Chhail Singh vs The Raj. State Road Trans. Corp
2022 Latest Caselaw 768 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 351/2022

Chhail Singh S/o Chandan Singh, Aged About 61 Years, Village Siwana, Presently Residing Near Air Force, Ratanada, Jodhpur- (Raj.).

----Petitioner Versus

1. The Raj. State Road Trans. Corp., Through Managing Director, Head Office, Choumu House, Parivahan Marg Jaipur.

2. The Chief Manager/depot Manager, Rajasthan State Road Transport Corporation, Falna Depot, District Pali.

3. The Chief Manager/depot Manager, Rajasthan State Road Transport Corporation, Dungarpur Depot, District Dungarpur (Raj.)

----Respondents

For Petitioner(s) : Mr. C.S. Bissa (on VC)

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

14/01/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, lawyers have been advised to

refrain from coming to the Courts.

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:-

(2 of 2) [CW-351/2022]

"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."

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.

(DR.PUSHPENDRA SINGH BHATI),J

138-Zeeshan

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