Shamsher Khan vs Raj. State Road Transport Cor. ...
2023 Latest Caselaw 3269 Raj

[2023/RJJD/010724]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3448/2021

Shamsher Khan S/o Shri Abdul Rahim, Aged About 61 Years, B/c Musalman , R/o Post Turukrat Via Abu Road, Distt. Sirohi.

----Petitioner Versus

1. Raj. State Road Transport Cor., Through Managing Director R.s.r.t.c. , Parivahan Marg , Jaipur

2. Divisional Manager, Rajasthan State Road Transort Corporation , Jodhpur

3. The Chief Manager, Rajasthan State Road Transport , Depot Abu Road, Sirohi.

----Respondents

For Petitioner(s) : Mr. Richin Surana For Respondent(s) : Mr. Sunil Purohit

JUSTICE DINESH MEHTA

Order

19/04/2023

1. 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.

2. 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 heads including retiral benefits, overtime, night allowance, earned leave etc. within a period

[2023/RJJD/010724] (2 of 2) [CW-3448/2021]

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."

3. 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.

4. 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.

(DINESH MEHTA),J 8-akansha/-

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