Anand Kumar Chaturvedi vs The Rajasthan State Road Transport ...
2024 Latest Caselaw 6345 Raj

Rajasthan High Court - Jodhpur

Anand Kumar Chaturvedi vs The Rajasthan State Road Transport ... on 1 August, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:31663]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 11835/2024

Anand Kumar Chaturvedi S/o Shri Devi Lal, Aged About 62
Years, B/c Brahmin, R/o 15- Narayan Nagar, Purana Masuda
Road, Beawar, Ajmer, Beawar, (Raj.).
                                                                       ----Petitioner
                                      Versus
1.       The Rajasthan State Road Transport Corporation, Through
         Managing       Director,       Head        Office,        Choumu    House,
         Parivahan Marg, Jaipur.
2.       The Chairman, The Rajasthan State Road Transport
         Corporation, Head Office, Choumu House, Parivahan Marg
         Jaipur.
3.       The Financial Advisor, The Rajasthan State Road Transport
         Corporation, Head Office, Choumu House, Parivahan
         Marg, Jaipur.
4.       The Chief Manager/depot Manager, The Rajasthan State
         Road      Transport     Corporation,         Beawar        Depot,   Beawar
         (Raj.).
5.       The Chief Manager/depot Manager, The Rajasthan State
         Road Transport Corporation, Dungarpur Dept, Dungarpur
         (Raj.).
                                                                    ----Respondents


For Petitioner(s)           :     Mr. Sukesh Bhati
For Respondent(s)           :     Mr. DK Joshi



                HON'BLE MR. JUSTICE FARJAND ALI

Order

01/08/2024

1. It is submitted by learned counsel for the petitioner 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,

[2024:RJ-JD:31663] (2 of 3) [CW-11835/2024]

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

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 hereinbefore.

4. The above order shall be subjected 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

[2024:RJ-JD:31663] (3 of 3) [CW-11835/2024]

seniority in terms of the order dated 30.03.2017, passed by

Jaipur Bench of this Court in SBCWP No.9127/2016.

(ili) 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 stay application also stands disposed of.

(FARJAND ALI),J 20-divya/-

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