Rajasthan High Court - Jodhpur
Rajendra Kumar Sharma vs The Rajasthan State Road ... on 23 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/016862] (1 of 2) [CW-6979/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6979/2023
Rajendra Kumar Sharma S/o Sh. Bahadur Ram Sharma, Aged
About 60 Years, Resident Of Vpo Mojgarh, Tehsil Khuian Sarwar,
District - Fazilka Punjab. (Retired From Rsrtc Sri Ganganagar
Depot On Post Of Conductor Dated 30.11.2022).
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman Cum
Managing Director.
2. The Executive Director (Administration), The Rajasthan
State Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, The Rajasthan State Road
Transport Corporation, Sri Ganganagar Depot, District Sri
Ganganagar.
----Respondents
For Petitioner(s) : Mr. Shardul Singh Bishnoi
For Respondent(s) : Mr. Suniel Purohit
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
23/05/2023
1. 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.
2. 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
[2023/RJJD/016862] (2 of 2) [CW-6979/2023]
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 dues at the
earliest.
No order as to costs."
3. 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 herein before.
4. 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.
5. 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
149-SanjayS/-
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