Atmaram vs The Rajasthan State Road ...
2022 Latest Caselaw 769 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                  S.B. Civil Writ Petition No. 145/2022

Atmaram S/o Shri Harchand Ram, Aged About 68 Years, R/o
Village Suwala, District Barmer (Raj.).
                                                                        ----Petitioner
                                        Versus
1.        The Rajasthan State Road Transport Corporation (Rsrtc),
          Jaipur Through Its Managing Director.
2.        The Chief Depot Manager, Rajasthan State Road Transport
          Corporation (Rsrtc), Barmer.
                                                                     ----Respondents


For Petitioner(s)             :     Mr. Devki Nandan Vyas (on VC)
For Respondent(s)             :     Mr. Suniel Purohit (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:-

             "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

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                                                                                    (2 of 2)                    [CW-145/2022]

                                           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.

16-Zeeshan

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