Harish Chandra Soni vs Rsrtc And Anr. ...
2023 Latest Caselaw 1804 Raj

[2023/RJJD/005534]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5247/2018

Harish Chandra Soni S/o Mool Chand Choni, Aged about 64 years, Resident of new Ambica Colony, Tarrtoli, Abu Road, Dist. Sirohi.

----Petitioner Versus

1. The Rajasthan State Road Transport Corporation through its Managing Director, Jaipur.

2. Chief Manager, Rajasthan State Road Transport Corporation, Abu Road.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. Sunil Purohit

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/02/2023

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.

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

[2023/RJJD/005534] (2 of 2) [CW-5247/2018]

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."

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.

(VINIT KUMAR MATHUR),J 101-Shahenshah/-

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