Rajasthan High Court - Jodhpur
Mahendra Singh vs Rajasthan State Road Transport ... on 21 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44864]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19556/2023
Mahendra Singh S/o Shri Manglooram, Aged About 63 Years,
Resident Of Tehsil Tibbi, District Hanumangarh.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through Its
Chairman, Chaumu House, Parivahan Marg, Near Civil
Lines, Jaipur, Rajasthan 302001.
2. Managing Director, Rajasthan State Road Transport
Corporation, Chaumu House, Parivahan Marg, Near Civil
Lines, Jaipur, Rajasthan 302001.
3. The Financial Advisor, Rajasthan State Road Transport
Corporation, Head Office Chomu House, Parivahan Marg,
Jaipur.
4. Depot Manager, Rajasthan State Road Transport
Corporation, Depot Manager, Hanumangarh.
----Respondents
For Petitioner(s) : Ms. Sonika Poonia for Mr. D.S. Thind
For Respondent(s) : ---
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/12/2023
It is submitted by learned counsel for the petitioner 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:44864] (2 of 3) [CW-19556/2023]
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 due sat the earliest.
No order as to costs."
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.
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.
[2023:RJ-JD:44864] (3 of 3) [CW-19556/2023]
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.
(KULDEEP MATHUR),J
56-Hanuman/-
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