R S R T C And Ors vs Manshi Lal And Ors
2022 Latest Caselaw 4497 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 716/2018

1.     Rajasthan State Road Transport Corporation Through Its
       Managing Director, Chomu House, Jaipur Rajasthan
2.     The Executive Director Admn., Rajasthan State Road
       Transport Corporation, Chomu House, Jaipur Raj.
3.     The Chief Manager, Rajasthan State Road Transport
       Corporation, Sikar.
                                                                     ----Appellants
                                   Versus
1.     Manshi Lal S/o Shri Shiv Ram Rabari, Resident Of
       Khatrawas Post Dukiya Via Palsana Distt. Sikar Rajasthan
2.     Suresh Kumar Nath S/o Shri Jeevan Ram Nath, Village
       And Post Tosina, Tehsil Deedwana, Distt Nagaur Rajasthan
3.     Ramawater Gurjar S/o Shri Masta Ram, Resident Of Ward
       No.   8,     Ganeshpura,           Nawalgarh             Distt.   Jhunjhunu
       Rajasthan
4.     Hari Singh Shekhawat S/o Shri Sarwan Singh, Resident Of
       Village And Post Palsana, Distt Sikar Raj.
5.     Pappu Singh Ola S/o Shri Vidhyadhar Ola, Resident Of
       Kurali, Distt. Sikar Raj.
6.     Sanwar Mal S/o Shri Jhabar, Resident Of Kurali, Distt.
       Sikar Raj.
7.     Mangu Singh S/o Shri Gajraj Singh, Resident Of Village
       And Post Trilokpura Distt. Sikar Raj.
8.     Ram Niwas Dayal S/o Shri Sawala Ram, Resident Of
       Tarpura, Distt. Sikar Raj.
9.     Harish Kumar S/o            Shri     Govind Singh, Resident Of
       Katrathal, Distt. Sikar Raj.
                                                                  ----Respondents

For Appellant(s) : Mr. Vinayak Kumar Joshi For Respondent(s) : Mr. Sunil Kumar Singodiya

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

(2 of 2) [SAW-716/2018]

Order

05/07/2022

1. Appellants have preferred this Civil Special Appeal against

the order dated 15.03.2018.

2. Principle argument of the appellants is that the reliance

placed on the judgment of the Hon'ble Apex Court by the learned

Single Judge is misplaced. He has submitted that the appellants

were appointed through the third party agency and not directly.

3. Per contra counsel for the respondent have submitted that by

way of R-1 document submitted in reply by the appellants, it is

very clear that specific orders of contract were issued by name. It

is submitted that certain vague documents have been placed on

record at the stage of second appeal which cannot be considered.

4. We have considered the contentions.

5. Considering the fact that the Hon'ble Apex Court in the case

of "Jagdish Lal Jat vs. RSRTC" and "State of Punjab & Ors. vs.

Jagjit Singh & Ors. (2017) 1 SCC 148" has held that salary in

minimum pay scale are to be paid irrespective of the fact that

person is daily wager employee, ad hoc appointee or a person

appointed contractually, this Court deems it fit that no interference

is called for in the impugned order and learned Single Judge has

given a reasoned order.

6. In view of the above, the present Special Appeal Writ is

dismissed.

(SAMEER JAIN),J (PANKAJ BHANDARI),J

AMIT KUMAR /43

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