Rajasthan High Court - Jodhpur

Bhanwar Nath vs The Rajasthan State Road ... on 3 May, 2023

Bench: Dinesh Mehta

[2023/RJJD/013324]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6074/2023

1. Bhanwar Nath S/o Shri Bhagwan Nath, Aged About 64 Years, Resident Of Ward No. 12, Near Roadways Depot, Bhatta Colony, Hanumangarh Jn., Tehsil And District Hanumangarh (Rajasthan)

2. Raja Ram Tada S/o Sh. Hari Ram Tada, Aged About 50 Years, Resident Of Village Chimrani, Tehsil And District Nagaur (Rajasthan).

3. Rakesh Sharma S/o Sh. Giriraj Sharma, Aged About 51 Years, Resident Of Village Post Devali, District Tonk (Rajasthan).

4. Bharat Singh Rathore S/o Sh. Hari Singh Rathore, Aged About 51 Years, Resident Of Village Post Mandera, Tehsil Pipalu, District Tonk (Rajasthan).

5. Sita Ram Mali S/o Shri Amar Lal Mali, Aged About 43 Years, Resident Of Sirohi, District Tonk (Rajasthan)

6. Ramavtar Sharma S/o Shri Ratan Lal Sharma, Aged About 50 Years, Resident Of Dhasook, Madanganj Kishanganj, District Ajmer (Rajasthan)

7. Papu Ram Gurjar S/o Sh. Ram Chandra Gurjar, Aged About 56 Years, Resident Of Village Chirani, Tehsil Khetari, District Jhunjhunu (Rajasthan).

8. Akhlesh Kumar S/o Sh. Bodu Ram Saini, Aged About 47 Years, Resident Of Village Dhani Dahkhala, Tehsil Khetari, District Jhunjhunu (Rajasthan).

9. Rajendra Singh S/o Sh. Madan Singh, Aged About 46 Years, Resident Of Village Basawat Kalan, Tehsil Buhana, District Jhunjhunu (Rajasthan).

10. Suresh Chandra Saini S/o Sh. Gulsari Lal, Aged About 50 Years, Resident Of Ward No. 15 Khetari, Tehsil Khetari, District Jhunjhunu (Rajasthan).

11. Om Prakash Jat S/o Sh. Mam Chand, Aged About 49 Years, Resident Of Village Ranasar, Tehsil Neem Ka Thana, District Sikar (Rajasthan).

12. Sita Ram Saini S/o Sh. Chhotu Ram, Aged About 50 Years, Resident Of Village Mawanda Dhani Rupawas Tehsil Neem Ka Thana, District Sikar (Rajasthan).

13. Maan Singh S/o Sh. Bhagirath Singh, Aged About 49 Years, Resident Of Viillage Dulaai, Tehsil Neem Ka Thana, District Sikar (Rajasthan).

14. Vijendra Singh S/o Sh. Ramji Lal, Aged About 42 Years, Resident Of Village Sardarpura, Post Urikar, Tehsil Suratgarh, District Jhunjhunu (Rajasthan).

15. Rajveer S/o Sh. Leela Ram, Aged About 51 Years, Resident Of Village Sidhana, Tehsil Buhana, District Jhunjhunu (Rajasthan).

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16. Mohan Lal Saini S/o Sh. Pratap Singh Saini, Aged About 37 Years, Resident Of Village Bagoli, Tehsil Udaipurwati, District Jhunjhunu (Rajasthan).

17. Ajay Pal Singh S/o Sh. Sumera Singh, Aged About 49 Years, Resident Of Ward No. 11 Chelapuri Khetari, Tehsil Khetari, District Jhunjhunu (Rajasthan).

18. Shimbhu Dayal S/o Sh. Harji Ram, Aged About 46 Years, Resident Of Village Bhajnawali Manota Kalan, Tehsil Khetari, District Jhunjhunu (Rajasthan).

19. Bharatveer Lochib S/o Sh. Shivchand, Aged About 47 Years, Resident Of Village Bhodawas, Tehsil Neem Ka Thana, District Sikar (Rajasthan).

20. Vikaram Gurjar S/o Sh. Shankar Lal Gurjar, Aged About 34 Years, Resident Of Village Bagoli, Tehsil Udaipurwati, District Jhunjhunu (Rajasthan).

21. Rajesh Kumar S/o Sh. Hari Singh, Aged About 43 Years, Resident Of Village Sahad, Tehsil Buhana, District Jhunjhunu (Rajasthan).

22. Bhom Singh S/o Sh. Salga Ram, Aged About 47 Years, Resident Of Village Dhani Sirwala (Sankhi Johari), Post Babaai, Tehsil Khetari, District Jhunjhunu (Rajasthan).

23. Ram Lal Saini S/o Sh. Prabhu Ram Saini, Aged About 41 Years, Resident Of Village Bagoli, Tehsil Udaipurwati, District Jhunjhunu (Rajasthan).

24. Sugna Ram Saini S/o Sh. Dana Ram, Aged About 47 Years, Resident Of Village Post Babaai, Tehsil Khetari, District Jhunjhunu (Rajasthan).

25. Sunil Kumar S/o Sh. Mali Ram, Aged About 38 Years, Resident Of Village Post Hardiya, Tehsil Khetari, District Jhunjhunu (Rajasthan).

26. Kalu Ram S/o Sh. Sawal Ram, Aged About 51 Years, Resident Of Village Jasrapur, Tehsil Khetari, District Jhunjhunu (Rajasthan).

27. Bal Chand S/o Sh. Nagar Mal, Aged About 49 Years, Resident Of Ward No. 5, Triveni Pyao Ke Pass, Tehsil Chirawa, District Jhunjhunu (Rajasthan).

28. Mahendra Singh Gurjar S/o Sh. Hanuman Ram, Aged About 53 Years, Resident Of Village Post Chirani, Tehsil Khetari, District Jhunjhunu (Rajasthan).

29. Dhanna Lal Shrotriya S/o Sh. Arjun Singh Shrotriya, Aged About 57 Years, Resident Of Village Girdiya Geenya, Salera, District Bhilwara (Rajasthan).

30. Ram Singh Chundawat S/o Sh. Fath Singh Chundawat, Aged About 58 Years, Resident Of Village Salera, Sahara, District Bhilwara (Rajasthan).

31. Shripal Singh Rajawat S/o Sh. Fath Singh Rajawat, Aged About 57 Years, Resident Of Near Bus Stand Birdhol, Tehsil Kotri, District Bhilwara (Rajasthan).

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32. Hansraj Kumawat S/o Sh. Baldev Kumawat, Aged About 57 Years, Resident Of Kumawat Mohalla, Budh Deval, District Tonk (Rajasthan).

33. Sabir Khan S/o Samad Khan, Aged About 57 Years, Resident Of Ward No. 6, Khati Mohalla, Bheru Gate, Kekri, District Ajmer (Rajasthan).

34. Laxmi Narayan S/o Sh. Madan Lal Teli, Aged About 57 Years, Resident Of New Krishna Nagar Ajmer Road, Kekri, District Ajmer (Rajasthan).

35. Chawand Singh S/o Sh. Hari Singh Shaktawat, Aged About 57 Years, Resident Of Village Karanpura, Post Baldar Khan, Tehsil Mandalgarh, District Bhilwara (Rajasthan).

36. Ghan Shayam Singh Rathore S/o Sh. Devi Singh Rathore, Aged About 58 Years, Resident Of House No. A-506, Panchwati, Bhilwara District Bhilwara (Rajasthan).

37. Surendra Kumar Vyas S/o Sh. Kajodi Mal Vyas, Aged About 56 Years, Resident Of Ward No. 20, Juni Begun, District Chhitorgarh (Rajasthan).

38. Arjun Singh Yadav S/o Sh. Sajjan Singh, Aged About 46 Years, Resident Of Goal Hathal, Sawar, Tehsil Kekari, District Ajmer (Rajasthan).

----Petitioners 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, Rajasthan State Road Transport Corporation, Hanumangarh Depot, District Hanumangarh.

4. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Nagaur Depot, District Nagaur.

5. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Bundi Depot, District Bundi.

6. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Ajaymeru Depot, District Ajmer.

7. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Khetrai Depot, District Jhunjhunu.

8. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Bhilwara Depot, District Bhilwara.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Inderjeet Yadav
For Respondent(s)         :     -




 [2023/RJJD/013324]                      (4 of 5)                               [CW-6074/2023]


                        JUSTICE DINESH MEHTA

                                        Order

03/05/2023

1. Heard learned counsel for the petitioners.

2. 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:-

"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.

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The writ petition is allowed in these terms. No order as to costs."

3. 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.

4. Learned counsel for the petitioners, however, submit that the

petitioners may be permitted to file a representation before the

respondents, with a corresponding direction to the respondents to

consider the 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 petition is disposed of with a

direction to the petitioners to file a representation. In case a

representation is so addressed, the respondents shall consider the

same within a period of four weeks from the date of receipt of the

representation keeping in mind the law laid down by this Court in

the case of Tara Chand (supra).