Gopal Singh vs The Rajasthan State Road ...
2023 Latest Caselaw 7600 Raj

[2023:RJ-JD:31446]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14599/2023

1. Gopal Singh S/o Shri Bajrang Singh, Aged About 44 Years, Resident Of Village Khunkhuna, Tehsil Deedwana, District Nagaur (Rajasthan)

2. Kishore Kumar S/o Shri Kanhaiya Lal, Aged About 48 Years, Resident Of Ward No. 1, Near Idagah, Jasantgarh, Tehsil Ladnun, District Nagaur. (Rajasthan)

3. Pushp Singh S/o Shri Nahar Singh, Aged About 48 Years, Resident Of Seva, District Nagaur (Rajasthan)

4. Mangha Ram S/o Shri Pita Ram, Aged About 58 Years, Resident Of Phogri, District Nagaur (Rajasthan)

5. Sunil Kumar Verma S/o Shri Sita Ram, Aged About 44 Years, Resident Of Ward No. 26, Kali Ji Ka Chouk, Tehsil Ladnun, District Nagaur. (Rajasthan)

6. Karan Singh S/o Shri Hem Singh, Aged About 54 Years, Resident Of Singhana, District Nagaur. (Rajasthan)

7. Ravindra Singh S/o Shri Gyan Singh, Aged About 53 Years, Resident Of Sanwrad , Tehsil Deedwana, District Nagaur. (Rajasthan).

8. Ram Gopal Sharma S/o Shri Hira Lal, Aged About 53 Years, Resident Of Village Khunkhuna, District Nagaur. (Rajasthan).

9. Champa Lal Saini S/o Shri Prathvi Raj Tak, Aged About 57 Years, Resident Of Ward No. 16, Maliyo Ka Mohlla, Tehsil Ladnun, District Nagaur. (Rajasthan).

10. Om Prakash Sain S/o Shri Sohan Lal Sain, Aged About 49 Years, Resident Of Naya Bas, Balsamand, District Jodhpur. (Rajasthan)

11. Kuldeep Singh S/o Shri Ratan Singh, Aged About 43 Years, Resident Of Rajpooton Ka Mohalla, Bharli, Tehsil Degana, District Nagaur. (Rajasthan)

12. Norang Singh S/o Shri Ramkumar Singh, Aged About 43 Years, Resident Of Narodara, Tehsil Laxmangarh, District Sikar. (Rajasthan)

13. Jitendra Kumar Meel S/o Shri Harlal Singh, Aged About 39 Years, Resident Of Via Kudan, Yalsar, Tehsil Laxmangarh, District Sikar. (Rajasthan)

14. Shyopal S/o Shri Ram Chandra, Aged About 45 Years, Resident Of Ward No. 6, Bajaro Ki Dhani, Sihot Badi, District Sikar. (Rajasthan)

15. Yashwant Singh Dhayal S/o Shri Bhoor Singh Dhayal, Aged About 48 Years, Resident Of Ward No. 41, Kisan Colony, Nawalgarh Road, Sikar, District Sikar. (Rajasthan)

16. Sunil Kumar S/o Shri Subhash Chandra, Aged About 40 Years, Resident Of Ward No.2, Gusayo Ki Dhani, Kari, District Jhunjhunu. (Rajasthan)

[2023:RJ-JD:31446] (2 of 4) [CW-14599/2023]

17. Banwari Lal S/o Shri Mohan Lal, Aged About 37 Years, Resident Of Village Post Sanwaloda Ladkhani, District Sikar. (Rajasthan)

18. Chhagan Lal S/o Shri Kheeva Ram, Aged About 51 Years, Resident Of Ward No.3, Ramnagar, Gungara, District Sikar. (Rajasthan)

19. Ram Narayan Yadav S/o Shri Hanuman Prasad, Aged About 37 Years, Resident Of Nathi Ka Bas, Basari Khurd, District Jaipur. (Rajasthan)

20. Jitendra Singh S/o Shri Ramrakh, Aged About 33 Years, Resident Of Vpo Noran, Tehsil Khetri, District Neem Ka Thana. (Rajasthan)

21. Karam Chand S/o Shri Ram Chand, Aged About 65 Years, Resident Of Village Chak Dabwala, Banwala, Tehsil And District Fazilka. (Punjab)

----Petitioners 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. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Deedwana Depot, District Nagaur.

4. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Sikar Depot, District Sikar.

5. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Khetri Depot, District Neem Ka Thana.

6. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Shri Madhopur, District Sikar.

7. The Chief Depot Manager, Rajasthan State Road Transport Corporation, Hanumangarh Depot, District Hanumangarh.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. inderjeet Yadav
For Respondent(s)          :    --



                     JUSTICE DINESH MEHTA

                                     Order

22/09/2023

1. Heard learned counsel for the petitioners.

[2023:RJ-JD:31446] (3 of 4) [CW-14599/2023]

2. Learned counsel for the petitioners 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 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."

3. Learned counsel further submits that the order dated

25.01.2017 was affirmed by the Division Bench in D.B. Civil

[2023:RJ-JD:31446] (4 of 4) [CW-14599/2023]

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. Learned counsel for the petitioners, however, submits that

the petitioners may be permitted to file a representation before

the respondents, with a corresponding direction to the

respondents to 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 petitioners, the present writ petition is disposed of with a

direction to the petitioners to file a representation. In case a

representation is so addressed, the respondents shall consider the

same within a period of four weeks from the date of receipt of the

representation keeping in mind the law laid down by this Court in

the case of Tara Chand (supra).

6. The stay petition also stands disposed of.

(DINESH MEHTA),J 118-AbhishekS/-

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