Rajasthan High Court - Jodhpur
Mangi Lal Gehlot vs Rajasthan State Road Transport ... on 5 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:42125]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8704/2023
Mangi Lal Gehlot S/o Jasa Ram, Aged About 62 Years, B/c Mali,
R/o Gram Post Krishna Nagar, Kosana, Tehsil Pipar City, District
Jodhpur (Raj.).
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through
Managing Director, Head Office, Choumu House,
Parivahan Marg, Jaipur.
2. The Chairman, Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan
Marg, Jaipur.
3. The Financial Advisor, Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan
Marg, Jaipur.
4. The Chief Manager/ Depot Manager, Rajasthan State Road
Transport Corporation, Pali Depot, District Pali (Raj.).
----Respondents
For Petitioner(s) : Mr. Sukesh Bhati
For Respondent(s) : Mr. Shashank Sharma for Mr. Harish
Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/12/2023
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.
[2023:RJ-JD:42125] (2 of 3) [CW-8704/2023]
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 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.
(iv) The grant of retiral benefits will be subject to the services
recognized by the Corporation as per the earlier judgments etc. in
case of the petitioner.
5. The stay application also stands disposed of.
[2023:RJ-JD:42125] (3 of 3) [CW-8704/2023]
6. The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(DR.PUSHPENDRA SINGH BHATI),J
4-Sudheer/-
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