Rajasthan High Court - Jodhpur
Ganpat Singh Rao vs The Rajasthan State Road ... on 1 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/012878]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5706/2023
Swaroop Singh Bhati S/o Shri Chain Singh, Aged About 57 Years,
Resident Of Village Post Ajasar, Tehsil Pokaran, District Jaisalmer.
At Present Working As Conductor Posted At R.s.r.s.t.c Depot
Jaisalmer.
----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,
(Rajasthan).
3. Chief Depot Manager, The Rajasthan State Road Transport
Corporation, Jaisalmer Depot District Jaisalmer.
----Respondents
S.B. Civil Writ Petition No. 5707/2023
Ganpat Singh Rao S/o Shri Khuman Singh, Aged About 61
Years, R/o Village Delwas Post Peepalwas, Tehsil Bhadesar,
District Chittorgarh.
----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 Manager (Administration), Rajasthan State
Road Transport Corporation, Udaipur.
4. The Chief Manager (Administration), Rajasthan State
Road Transport Corporation, Chittorgarh Depot District
Chittorgarh.
----Respondents
[2023/RJJD/012878] (2 of 4) [CW-5706/2023]
S.B. Civil Writ Petition No. 5824/2023
Hanumant Kumar Mehra S/o Shri Laxmi Kumar Mehra, Aged
About 67 Years, Resident Of Ashish Niwas, Ganesh Chowk,
Indra Colony, Bikaner (Rajasthan).
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation,
Headquarter, Jaipur Through Its Chairman.
2. Managing Director, Rajasthan State Road Transport
Corporation, Headquarter, Jaipur.
3. Financial Advisor And Chief Accounts Officer, Rajasthan
State Road Transport Corporation, Headquarter, Jaipur.
4. Chief Manager, Rajasthan State Road Transport
Corporation, Bikaner Depot, Bikaner.
----Respondents
For Petitioner(s) : Mr. Inderjeet Yadav
Mr. Mukes Vyas
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/05/2023
Heard learned counsel for the petitioners.
Learned counsel for the petitioners submit that the
controversy involved in the present case is squarely covered by a
judgment of this Court rendered in S.B. Civil Writ Petition
No.8810/2014 "Tara Chand Vs. Rajasthan State Road
Transport Corporation & Anr." decided on 25.01.2017 in the
following terms:-
[2023/RJJD/012878] (3 of 4) [CW-5706/2023]
"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."
Learned counsel further submit 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.
In this view of the matter, the learned counsel for the
petitioners submit that the petitioners may be permitted to file a
representation before the respondents, who shall consider the
same in light of the judgment rendered by this Court in the case
of Tara Chand (supra).
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
[2023/RJJD/012878] (4 of 4) [CW-5706/2023]
petitioners, the respondent shall decided 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).
(VINIT KUMAR MATHUR),J
149, 150 & 162-/Vivek/-
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