Rajasthan High Court - Jodhpur
Gopa Ram vs Rajasthan State Road Transport ... on 23 November, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:40421]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18293/2023
Gopa Ram S/o Shri Kacharam Ram, Aged About 57 Years,
Resident Of Gudisar, District Barmer (Raj.).
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through Its
Chairman, Chaumu House, Parivahan Marg, Near Civil
Lines, Jaipur, Rajasthan 302001.
2. Managing Director, Rajasthan State Road Transport
Corporation, Chaumu House, Parivahan Marg, Near Civil
Lines, Jaipur, Rajasthan 302001.
3. Depot Manager, Rajasthan State Road Transport
Corporation, Depot Manager, Barmer.
----Respondents
For Petitioner(s) : Mr. Amit Kumar.
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
23/11/2023
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submits 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
[2023:RJ-JD:40421] (2 of 3) [CW-18293/2023]
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."
3. Learned counsel further submits 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. In this view of the matter, the learned counsel for the
petitioner submits 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).
5. 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 decide the same within a period of
[2023:RJ-JD:40421] (3 of 3) [CW-18293/2023]
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).
6. 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.
(KULDEEP MATHUR),J
20-Prashant/-
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