Rajasthan High Court - Jodhpur
Radhey Shyam Pareek vs The Rajasthan State Road Transport ... on 20 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44747]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18721/2022
Radhey Shyam Pareek S/o Sh. Mahadev, Aged About 60 Years,
A-3 Shekhawati Nagar, Kalwad Road, Govindpura, Jaipur.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman And
Manaing Director.
2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, Rajasthan State Road Transport
Corporation, Hanumangarh Depot District Hanumangarh.
----Respondents
Connected With
S.B. Civil Writ Petition No. 18713/2022
Balwant Ram S/o Sh. Birbal Ram, Aged About 58 Years, Resident
Of Vpo Morjanda, Tahsil - Sadulsahar, District - Sri Ganganagar.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman And
Managing Director.
2. The Executive Director, (Administration), The Rajasthan
State Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, The Rajasthan State Road
Transport Corporation, Hanumangarh Depot District
Hanumangarh.
----Respondents
S.B. Civil Writ Petition No. 18722/2022
Ramesh Chand S/o Prakash Chand, Aged About 66 Years, House
No. 402, Ward No. 12 Near Valmiki Chowk Bhatta Colony,
Hanumangarh Junction, District Hanumangarh.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
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House, Parivahan Marg, Jaipur Through Its Chairman And
Manaing Director.
2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, Rajasthan State Road Transport
Corporation, Hanumangarh Depot District Hanumangarh.
----Respondents
S.B. Civil Writ Petition No. 18725/2022
Ram Singh S/o Shri Kashi Ram, Aged About 55 Years, Resident
Of Ward No. 1, Dhani Shikhan, Tehsil Nohar District
Hanumangarh. At Present Working As Conductor Posted At
R.s.r.t.c. Depot Hanumangarh.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahanmarg, Jaipur Through Its Chairman And
Managing Director.
2. The Executive Director (Administration), The Rajasthan
State Road Transport Corporation, Parivahanmarg, Jaipur.
3. Chief Depot Manager, The Rajasthan State Road Transport
Corporation, Hanumangarh Depot District Hanumangarh.
----Respondents
S.B. Civil Writ Petition No. 18734/2022
Ram Kumar S/o Sh. Gopiram, Aged About 60 Years, Resident Of
Village Dhabha, Tehsil - Sangriya, District - Hanumangarh.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman And
Managing Director.
2. The Executive Director (Administration), The Rajasthan
State Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, The Rajasthan State Road
Transport Corporation, Hanumangarh Depot District
Hanumangarh.
----Respondents
S.B. Civil Writ Petition No. 18736/2022
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Ashok Kumar S/o Sh. Ramlal, Aged About 63 Years, Resident Of
Kiryana Bhawan Ward No. 22, Hanumangarh Town, District -
Hanumangarh.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman And
Managing Director.
2. The Executive Director (Administration), The Rajasthan
State Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, The Rajasthan State Road
Transport Corporation, Hanumangarh Depot District
Hanumangarh.
----Respondents
S.B. Civil Writ Petition No. 18748/2022
Sukhdev Singh S/o Sh. Sohan Singh, Aged About 62 Years, Ward
No. 3, New Khunja Hanumangarh Junction, District
Hanumangarh.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman And
Managing Director.
2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, The Rajasthan State Road
Transport Corporation, Hanumangarh Depot District
Hanumangarh.
----Respondents
S.B. Civil Writ Petition No. 18751/2022
Amarchand S/o Sh. Birbal Ram, Aged About 60 Years,
Kishanpura, Uthrada, Tehsil Sangriya, District Hanumangarh.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman And
Managing Director.
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2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, The Rajasthan State Road
Transport Corporation, Hanumangarh Depot District
Hanumangarh.
----Respondents
S.B. Civil Writ Petition No. 18758/2022
Dilip Chand S/o Sh. Rampratap Khati, Aged About 50 Years, Vpo
Lalgarh Jatan, Tehsil Sadulsahar, District Sri Ganganagar.
----Petitioner
Versus
1. Thr Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman And
Managing Director.
2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, Rajasthan State Road Transport
Corporation, Sri Ganganagar Depot District Sri
Ganganagar.
----Respondents
For Petitioner(s) : Mr. Shardul Singh.
For Respondent(s) : Mr. Shanker Singh Shekhawat.
Mr. Gopal Raj Kalla.
Mr. Avin Chhangani.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
20/12/2023
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioners submitted that the
controversy involved in the present cases is squarely covered by
judgment of this Court rendered in S.B. Civil Writ Petition
[2023:RJ-JD:44747] (5 of 6) [CW-18721/2022]
No.8810/2014 : Tara Chand Vs. Rajasthan State Road Transport
Corporation & Anr. decided on 25.01.2017 in the following terms:-
"Apparently, by effect of the above circular,
benefit of second selection scale falling due to the
petitioner could only have been deferred by two years
and not more. In this background, the decision of the
respondent Corporation to defer second selection scale
admissible to the petitioner from 6.10.2008 to
6.10.2019 is totally unjustified, arbitrary and contrary
to the circulars adopted by the Corporation.
The impugned action of the respondents is thus
quashed and struck down. The respondents shall
extend the benefit of second selection scale to the
petitioner by making a deferment of two years from the
date of his actual entitlement. Monetary benefits
flowing from the above direction shall be paid to the
petitioner within a period of six months from today with
interest @ 6% per annum from the date of accrual till
the date of actual payment. In case, the payment is
delayed beyond three months, the interest shall stand
enhanced to 9% per annum and shall be recoverable
from the official/s responsible for causing the delay if
any.
The writ petition is allowed in these terms.
No order as to costs"
3. Learned counsel further submitted that the order dated
25.01.2017 was affirmed by the Division Bench in D.B. Civil
Special Appeal (Writ) No.524/2018 decided on 02.12.2021.
Against the order dated 02.12.2021 passed by the Division Bench
of this Court, a Special Leave Petition No.10330/2022 was
preferred before Hon'ble the Supreme Court and the same was
also dismissed vide judgment dated 13.07.2022.
4. In this view of the matter, learned counsel for the petitioners
submitted that the petitioners may be permitted to file a
representation before the respondents, who shall consider the
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same in light of the judgment rendered by this Court in the case
of Tara Chand (supra).
5. In view of the limited prayer made by the learned counsel for
the petitioners, the present writ petitions are disposed of with a
direction that in the event of filing a representation by the
petitioners, the respondent shall decide the same within a period
of four weeks from the date of its receipt, keeping in mind the law
laid down by this Court in the case of Tara Chand (supra).
6. The order has been passed based on the submissions made
in the writ petitions, the respondents would be free to examine
the veracity of the submissions made in the petitions and only in
case, the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
(KULDEEP MATHUR),J
276-284. Prashant/-
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