Kailash Chandra Upadhyay vs Rajasthan State Road Transport ...
2023 Latest Caselaw 4488 Raj

[2023/RJJD/014670]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5628/2023

Kailash Chandra Upadhyay S/o Shri Udai Ram, Aged About 59 Years, Resident of Village Bachhpuri, Tehsil Khinvsar District Nagaur. At Present Working As Conductor Posted At R.S.R.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), Rajasthan State Road Transport Corporation, Parivahan Marg, Jaipur.

3. Chief Depot Manager, Rajasthan State Road Transport Corporation, Jaisalmer Depot District Jaisalmer.

                                                                     ----Respondents


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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

11/05/2023

Heard learned counsel for the petitioner.

Learned counsel for the petitioner 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

[2023/RJJD/014670] (2 of 3) [CW-5628/2023]

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

petitioner submit that the petitioner 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 petitioner, the present writ petition is disposed of with a

direction that in the event of filing a representation by the

petitioner, 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).

[2023/RJJD/014670] (3 of 3) [CW-5628/2023]

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.

(VINIT KUMAR MATHUR),J

57-Shahenshah/-

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