Jetha Ram vs Raj. State Road Transport Cor
2022 Latest Caselaw 9570 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18793/2019

1. Jetha Ram S/o Sh. Dera Ram, Aged About 44 Years, R/o Village Post Taratramadh, Tehsil Chouhtan, District Barmer, Presently Working At Sirohi Depot.

2. Manohar Singh S/o Karan Singh, Aged About 46 Years, R/o Near Nsp School Naya Vas No. 2, Sirohi. Presently Working At Sirohi Depot.

3. Raichand Ram S/o Shri Jadmal Ram, Aged About 44 Years, R/o C-10, Bankaram, Sadabahar Kirana Store, Utterlai Road, Baldev Nagar, Barmer. Presently Working At Jalore Depot.

4. Ranveer Kumar S/o Sh. Likhama Ram, Aged About 40 Years, R/o Village Roopasar Sauva Ka Bas, Post Heera Ki Dhani, Distric Barmer. Presently Working At Alore Depot.

----Petitioners Versus

1. Rajasthan State Road Transport Corporation, Through Chairman And Managing Director, Parivahan Marg, Choumu House, Jaipur.

2. The Executive Director (Administration), Rajasthan State Road Transport Corporation, Parivahan Marg, Choumu House, Jaipur (Rajasthan).

3. Chief Manager, Rsrtc Sirohi Depot, Sirohi.

4. Chief Manager, Rsrtc Jalore Depot, Jalore.

----Respondents AND S.B. Civil Writ Petition No. 378/2020

1. Kailash Singh S/o Chaman Singh, Aged About 40 Years, R/o Village Khokhariya Khedi, Tehsil Vadesar, District Chittorgarh.

2. Rajendra Singh Shaktawat S/o Shri Prem Singh, Aged About 41 Years, R/o Nahargarh, Tehsil Vadesar, District Chittorgarh.

3. Narendra Singh S/o Sh. Bharat Singh, Aged About 44 Years, R/o Village Khokhariya Khedi, Tehsil Vadesar, District Chittorgarh.

----Petitioners Versus

1. Rajasthan State Road Transport Corporation, Through

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Chairman And Managing Director, Parivahan Marg, Choumu House, Jaipur.

2. The Executive Director (Administration), Rajasthan State Road Transport Corporation, Parivahan Marg, Choumu, Jaipur (Rajasthan).

3. Dy. Chief Manager (Statistics)/ Zonal Manager, Udaipur Zone, Parivahan Marg, Choumu, Jaipur.

4. Chief Manager, RSRTC Chittorgarh Depot, Chittorgarh.

----Respondents AND S.B. Civil Writ Petition No. 2028/2020

1. Chail Singh S/o Umed Singh, Aged About 42 Years, R/o Village And Post Badi Sid, Tehsil Phalodi. Presently Working At Phalodi Depot

2. Ashok Kumar S/o Khemchand, Aged About 47 Years, R/o Vedon Ka Baas, Phalodi. Presently Working At Phalodi Depot.

3. Chattar Singh S/o Bhim Singh, Aged About 45 Years, R/o Village And Post Amla, Tehsil Phalodi. Presently Working At Phalodi Depot.

4. Poona Ram S/o Bhagwana Ram, Aged About 40 Years, R/o Village Raneri, Tehsil Phalodi. Presently Working At Phalodi Depot.

----Petitioners Versus

1. Rajasthan State Road Transport Corporation, Through Chairman And Managing Director, Parivahan Marg, Choumu House, Jaipur.

2. The Executive Director (Administration), Rajasthan State Road Transport Corporation, Parivahan Marg, Choumu House, Jaipur (Rajasthan).

3. Chief Manager, RSRTC Phalodi Depot, Phalodi.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Avinash Acharya
For Respondent(s)        :     Mr. Sunil Purohit
                               Ms. Kamini Chouhan





                                         (3 of 6)                [CW-18793/2019]


            HON'BLE MS. JUSTICE REKHA BORANA

                                    Order

22/07/2022

The present writ petitions have been filed with the following

submissions:

The petitioners were appointed on the post of Driver-cum-

Conductor in pursuance to the advertisement No.201/2004-05

issued by the respondent-Corporation. The condition in the

advertisement specified that after completion of three years of

satisfactory service as a Driver, the employee would be regularized

as a Driver with the Department. When the petitioners were not

regularized after a period of three years, they preferred a writ

petition before this Court which was allowed and subsequently, the

services of the petitioners were regularized as a Driver.

The issue arose when the petitioners were called upon by the

respondent-Corporation to perform the duties of a Driver and their

names were included in the duty chart for the drivers. It is the

contention of the petitioners that since their appointment, they

have been performing the task of conductors only and therefore,

they cannot now be asked to perform the duties of a driver. It has

been submitted that although the petitioners had been appointed

as Driver-cum-Conductor but since the date of appointment, they

had been working as conductor only. It has further been

submitted that no post such as 'Driver-cum-Conductor' is provided

in the Rules governing the respondent Corporation and therefore,

vide communication dated 06.05.2014 issued by the Department,

an option was called from all the employees working as Driver-

cum-Conductor to opt as to on which post they wish to continue.

It is the case of the petitioners that they filled their option at the

(4 of 6) [CW-18793/2019]

relevant time and therefore, they cannot, now, be called upon to

work as a Driver.

Per contra, it has been submitted by the learned counsel for

the respondents that the petitioners had been regularized on the

post of Driver and in terms of conditions of service, they are under

an obligation to perform the duties of Driver. Even if it is assumed

that they worked as conductors, the same cannot entitle them to

work only as conductors for whole of their service period. Learned

counsel for the respondents referred to condition No.3 of the

advertisement wherein, it was specifically mentioned that the

person to be appointed can additionally be required to perform the

functions of a conductor also. Meaning thereby, the primary

function was meant to be of a driver and the additional duties of a

conductor could be assigned to those drivers, if required. Learned

counsel relied upon the judgment passed in Ram Kumar Sharma

Vs. R.S.R.T.C and Ors.; S.B. Civil Writ Petition No.24/2020,

decided on 13.02.2020 and further affirmed by the Division Bench

in D.B. Special Appeal Writ No. 556/2020; Ram Kumar

Sharma Vs. R.S.R.T.C & Ors. vide order dated 12.01.2022.

Heard learned counsel for the parties and perused the

material available on record.

To adjudicate the controversy in question, clause No.3 and 4

of the advertisement would be relevant, which reads as under:

"3- p;fur çR;k'kh dks pkyd ds lkFk lkFk ifjpkyd in dk Hkh dk;Z fy;k tk ldrk gS A vr% iSuy esa p;fur çR;k'kh dks p;u ds ,d ekg ds Hkhrj ifjpkyd ykblsal cuokuk vko';d gksxkA

4- isuy esa ls p;fur izR;fFkZ;ksa dks pkyd ds :i esa yxkus ij izFke o"kZ esa 2100 :i;s izfrekg dh fQDl jkf'k nh tkosxh rFkk nwljs o"kZ esa dk;Z larks"ktud gksus ij 3100 :i;s izfr ekg ds lkFk 100 :i;s izfr ekg izksRlkgu jkf'k ,oa r`rh; o"kZ esa dk;Z larks"ktud jgus ij 3100 :i;s

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izfrekg ds lkFk 150 :i;s izfrekg izksRlkgu jkf'k dh nj ls Hkqxrku fd;k tkosxk] fujUrj rhu o"kZ rd dk;Z larks"ktud <ax ls iw.kZ djus ij fuxe fu;ekuqlkj pkyd in ij fu;fer osru Ja`[kyk esa inLFkkfir fd;k tkosxkA "

A bare perusal of the above clause makes it clear that an

employee could have been regularized only after completion of

three years of satisfactory service as a driver. It is an admitted

position that the petitioners had been regularized at the relevant

point of time on the post of Driver. Meaning thereby, the

petitioners had worked as drivers for a period of three years prior

to that. If the petitioners contend that they have never worked as

drivers, their regularization in terms of the advertisement could

never have been made, which would conclude into the fact that

the regularization of the petitioners on the post of driver itself was

bad. When controverted with this position, learned counsel for the

petitioners was not in a position to make a specific statement as

to whether the petitioners worked as conductor only since their

date of appointment.

Moresoever, the earlier writ petitions were preferred by the

petitioners for regularization on the post of Driver only and in

pursuance to the orders passed in the earlier writ petitions, their

services have been regularized on the post of Driver. Having once

availed the benefit of regularization on the ground that they have

been working as a Driver and are entitled to be regularized as

such, the petitioners cannot now take a U-turn and contend that

they never worked as a Driver. Furthermore, Condition No.3

makes it clear that the petitioners were appointed as Driver-cum-

Conductor with the primary function of a Driver. Therefore, it is

not open for the petitioners now to aver that they cannot be called

upon to work as a Driver. The issue is therefore, squarely covered

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by the ratio as laid down in the case of Ram Kumar Sharma

(supra).

In Ram Kumar Sharma's case (supra), it was held as

under:

"In view thereof, no case for interference is made out as the petitioner is essentially a person who has been appointed as a Driver alone. There is no document on record to show that petitioner was ever selected or appointed as a Conductor alone. Moreover, the qualifications for the post of Conductor are separate from that of Driver. Hence, merely because work was being taken from him as a Conductor, it would not mean that he should be allowed to work as a Conductor for all times. The order dated 1st November, 2019 does not warrant any interference."

In view of the ratio as laid down in Ram Kumar Sharma

Vs. R.S.R.T.C and Ors. and in view of the observations as made

above, the present writ petitions are dismissed being devoid of

merits.

All pending applications also stand disposed of.

(REKHA BORANA),J

Ashutosh-Abhishek-91, 93&94

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