Manohar Singh Rathore vs Rajasthan State Road Transport ...
2023 Latest Caselaw 8920 Raj

[2023:RJ-JD:37101]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17239/2023 Manohar Singh Rathore S/o Shri Mool Singh, Aged About 63 Years, Resident Of Village Pandit Ji Ki Dhani, Betwasiya Tehsil Osian, District Jodhpur.

----Petitioner Versus

1. Rajasthan State Road Transport Corporation, Through Its Chairman, Chaumu House, Parivahan Marg, Near, Civil Lines, Jaipur, Rajasthan 302110

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, Jodhpur.

                                                                      ----Respondents


For Petitioner(s)              :     Mr. D.S. Thind.
For Respondent(s)              :     Mr. Suniel Purohit.


        HON'BLE MR. JUSTICE ARUN BHANSALI
                       Order
01/11/2023

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.

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 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

[2023:RJ-JD:37101] (2 of 2) [CW-17239/2023]

concerned officers to settle the accounts and facilitate the assessment of due sat the earliest.

No order as to costs."

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 hereinbefore.

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.

(iv) The grant of retiral benefits will be subject to the

services recognized by the Corporation as per the earlier

judgments etc. in case of the petitioner.

The stay application also stands disposed of.

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.

(ARUN BHANSALI),J 278-Sumit/-

Powered by TCPDF (www.tcpdf.org)