Mahendra Kumar vs R S R T C And Ors
2022 Latest Caselaw 2658 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 9607/2011

Mahendra Kumar son of Sh. Ram Moorti, at present working as
Artisan Grade II (Mechanic), Rajasthan State Road Transport
Corporation, Central Workshop, Makhupura, Ajmer, resident of
Shivaji Colony, Gali No.12, Subhash Nagar, Ajmer (Raj.)
                                                                   ----Petitioner
                                   Versus
1. Rajasthan State Road Transport Corporation through its
Chairman-cum-Managing Director, Head Office, Parivahan Marg,
Chomu House, Jaipur.
2.   General     Manager     (Production),          Rajasthan      State   Road
Transport Corporation, Head Office, Parivahan Marg, Chomu
House, Jaipur.
3. Executive Director (Engineering), Rajasthan State Road
Transport Corporation Head Office, Parivahan Marg, Chomu
House, Jaipur.
4. Chief Production Manager, Rajasthan State Road Transport
Corporation, Central Workshop, Makhupura, Ajmer.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Babu Lal Gupta
For Respondent(s)        :     Mr. Om Prakash Sheoran



        HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

                                    Order

30/03/2022

The instant petition has been filed by the petitioner with the

following prayers:-

"It is, therefore, prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition, call for the record of the respondents relating to the present matter and after examining the same, the Hon'ble Court may further be pleased:-

(i) to hold the action of the respondents in not granting the benefit of selection grade to the petitioner from the date of initial

(2 of 4) [CW-9607/2011]

appointment as illegal, arbitrary and bad in law;

(ii) to direct the respondents to grant the benefit of selection grade from the date of initial appointment i.e. 10.11.1979 by counting the period during the petitioner remained under dismissal in terms of the judgment and decree passed by the learned trial Court and accordingly passing orders and make re-fixation of pay and make the payment of the arrears of the same with interest at the rate of 12 % per annum;

(iii) any other order or direction which this Hon'ble Court deem just and proper may also kindly be passed in favour of the petitioner with costs;"

Learned counsel for the petitioner submits that the petitioner

was appointed on the post of Artisan Grade II on 10.11.1979 and

his services were terminated on 13.01.1983, against which he

raised an industrial dispute before the Labour Court and the

Labour Court passed an award dated 14.04.1988 and held his

termination as illegal and the respondents were directed to

reinstate the petitioner with continuity in service but the order of

appointment with regard to stoppage of three annual increments

without cumulative effect was ordered to be stopped and it was

further held that the petitioner would not be entitled for actual

wages w.e.f. 13.01.1983 to 14.04.1988 but he would be entitled

for all consequential benefits.

Learned counsel further submits that in compliance of the

award, the petitioner was reinstated on the post he was holding,

but benefit of selection scale was not granted to him with effect

from the date of his initial appointment i.e. 10.11.1979. Learned

counsel further submits that so far as the stoppage of three

annual increments with cumulative effect are concerned, the

benefit of selection scale can be extended for three years in terms

of the judgment passed by this Court in the case of Nathulal

(3 of 4) [CW-9607/2011]

Shama Vs. RSRTC Jaipur & Ors. (CWP No.4608/2001) decided on

06.11.2008, reported in 2009 (5) WLC 232. So, appropriate

directions be issued to the respondents to grant the benefit of

selection scale to the petitioner w.e.f. 10.11.1982 and pay him all

consequential benefits.

Per contra, learned counsel for the respondents opposed the

arguments raised by the counsel for the petitioner and submitted

that the labour Court while passing the award passed a direction

that the petitioner would not be entitled to get monetary benefits

w.e.f. 13.01.1983 to 14.04.1988, hence, the petitioner is not

entitled to get the benefit of selection scale prior to 1988.

Heard. Considered the submissions of both sides.

From the bare perusal of the terms and conditions of the

award dated 14.04.1988, it is clear that the termination order of

the petitioner was held to be illegal and direction was issued by

the labour Court to reinstate him with continuity in service with all

consequential benefits.

There were only two riders were imposed i.e. the petitioner

would not be entitled for monetary benefits/wages w.e.f.

13.01.1983 to 14.04.1988 and the penalty of stoppage of three

annual increments without cumulative effect was ordered to be

stopped. Otherwise, the labour Court has treated the services of

the petitioner in continuity with all consequential benefits. The

objection taken by the respondents is not tenable in view of the

directions issued by the labour Court. Hence, the petitioner is

entitled to get the benefit of first selection scale w.e.f. 10.11.1982

in pursuance of the law laid down by this Court in the case of

Nathu Lal Sharma (supra).

(4 of 4) [CW-9607/2011]

In the result, writ petition is hereby disposed of. The

respondents are directed to grant to the petitioner the benefit of

first and second selection scale w.e.f. 10.11.1982 and pay him all

consequential benefits @ 6 % per annum.

Compliance of this order be made within a period of three

months from the date of receiving of certified copy of this order.

All pending applications, if any stand disposed of.

(ANOOP KUMAR DHAND),J

HEENA GANDHI /40

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