Rajasthan State Road Transport ... vs Vasudev (2023/Rjjd/016962)
2023 Latest Caselaw 5191 Raj

[2023/RJJD/016962]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 1121/2022

1. Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Parivahan Marg, Head Office Jaipur

2. Financial Advisor, Rajasthan State Road Transport Corporation, Parivahan Marg, Head Officer Jaipur.

3. Joint General Manager (Finance/p.f.), Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office Jaipur.

4. Accounts Officer (Pension), Rajasthan State Road Transport Corporation, Parivahan Marg, Head Office Jaipur.

5. Chief Manager, Rajasthan State Road Transport Corporation, Jodhpur.

----Appellants Versus

1. Vasudev S/o Shri Gokul Ram Sharma, Aged About 50 Years, Working As Conductor.

2. Ashok Bhati S/o Shri Om Prakah, Aged About 43 Years, Working As S.s.i.

3. Abdul Akhtar S/o Shri Ummed Khan, Aged About 50 Years, Working As Mechanic Grade-Ii.

4. Ram Singh Rathore S/o Shri Amar Singh, Aged About 54 Years, Working As Driver.

5. Rampal S/o Shri Parsa Ram, Aged About 57 Years, Working As Driver.

6. Chota Ram, Aged About 50 Years, Working As Driver.

7. Shyam Singh Ratnu S/o Shri Kishan Singh, Aged About 57 Years, Working As Conductor.

8. Dalpat Singh S/o Shri Dungar Singh, Aged About 53 Years, Driver All Above Are Presently Posted In Jodhpur Depot, Rajasthan State Road Transport Corporation, Jodhpur.

----Respondents

[2023/RJJD/016962] (2 of 3) [SAW-1121/2022]

For Appellant(s) : Mr. Harish Purohit For Respondent(s) : Mr. Narendra Thanvi

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

24/05/2023

1. This special appeal writ has been filed by the appellants

against the judgment dated 13.10.2022 passed by learned Single

Judge in SBCWP No.7685/2020, whereby while allowing the writ

petition, the learned Single Judge has declared that the

respondent-petitioners would be governed by the GPF scheme and

the appellant authorities are directed to allot GPF account number

of the present respondent-petitioners and continue to deduct

contributions qua the GPF from their salaries forthwith. It is

further declared that any deduction already made qua the CPF

scheme from the account of the respondent-petitioners be

adjusted towards the GPF contribution.

2. The respondent-petitioners filed the above said writ petition

seeking a direction that the appellant-respondents be directed to

treat the respondent-petitioners to be governed by Rajasthan

State Road Transport Corporation Employees Pension Regulation,

1989 and Rajasthan State Road Transport Corporation Employee

General Provident Fund Regulations, 1989. It is further prayed

that action of the appellants of deducting the CPF instead of GPF

from the salary of the respondent-petitioners be set aside.

3. Learned Single Judge after relying on the judgment of this

Court passed in the case of Dhanna Lal Jat vs. Rajasthan State

[2023/RJJD/016962] (3 of 3) [SAW-1121/2022]

Road Transport Corporation (S.B. Civil Writ Petition

No.12854/2017) decided on 01.12.2021 has allowed the writ

petition with the directions already mentioned in Para-1 of this

order.

4. Learned counsel for the appellant has submitted that against

the said judgment, a review petition was preferred before the

learned Single Judge at Jaipur Bench, however, the said review

petition came to be dismissed vide order dated 27.04.2023.

5. Taking into consideration the above facts and the fact that as

per the Clause-4 of amended notification dated 15.06.1996, the

employees who were appointed after 01.04.1989, are not required

to submit any option for pension scheme, we do not find any

illegality in the impugned judgment passed by the learned Single

Judge, hence, this special appeal writ is hereby dismissed.

6. Stay petition also stands dismissed.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J 19-Taruna/-

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