Rajasthan High Court - Jodhpur
Ramesh Kumar Joshi vs The Rajasthan State Road Transport ... on 9 January, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:1389]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5910/2023
Gurcharan Singh S/o Sh. Mathuradas, Aged About 62 Years,
Resident Of W. No. 16 Paka Saharana, Tehsil And District -
Hanumangarh.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House Parivahan Marg, Jaipur Through Its Chairman And
Managing Director.
2. The Executive Director (Administration), The Rajasthan
State Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, The Rajasthan State Road
Transport Corporation, Hanumangarh Depot District
Hanumangarh.
----Respondents
Connected With
S.B. Civil Writ Petition No. 5919/2023
Aanand Singh S/o Sh. Nand Singh, Aged About 52 Years,
Resident Of House No. 36, Alakhnanda Colony, Behind M.p.s.
School, Vaishali Nagar, Ajmer.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman Cum
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, Beawar Depot, District Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5920/2023
Ramesh Chand S/o Sh. Diwan Chand, Aged About 56 Years,
Resident Of Chak 7 E Choti, Ramdev Colony, Birthaliyawali, Sri
Ganganagar.
----Petitioner
Versus
(Downloaded on 28/01/2024 at 08:06:53 PM)
[2024:RJ-JD:1389] (2 of 5) [CW-5910/2023]
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman Cum
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, Sri Ganganagar Depot, District Sri
Ganganagar.
----Respondents
S.B. Civil Writ Petition No. 5922/2023
Bhola Singh S/o Sh. Chand Singh, Aged About 51 Years,
Resident Of Naya Ganw, Tehsil Nasirabad, District Ajmer.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman Cum
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, Beawar Depot, District Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5925/2023
Ramesh Kumar Joshi S/o Sh. Chetan Lal, Aged About 47 Years,
Resident Of Post Baghsuri, Bhwani Khera, Nasirabad, District
Ajmer.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman Cum
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, Beawar Depot, District Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5926/2023
(Downloaded on 28/01/2024 at 08:06:53 PM)
[2024:RJ-JD:1389] (3 of 5) [CW-5910/2023]
Ghanshyam Soni S/o Sh. Mohan Lal Soni, Aged About 47 Years,
Resident Of Opposite Cinemagic Hall, Road No. 06 Choudhary
Colony, Bikaner.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Chairman Cum
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, Bikaner Depot, District Bikaner.
----Respondents
S.B. Civil Writ Petition No. 5930/2023
Jitendra Kumar S/o Sh. Tejuram, Aged About 38 Years, Resident
Of Sanwalo Ka Mohala, Bokarawas, Jaipur.
----Petitioner
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, Deluxe Depot, Jaipur.
4. The Chief Depot Manager, Rajasthan State Road Transport
Corporation, Jodhpur Depot, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Shardul Singh.
For Respondent(s) : Mr. Harish Kumar Purohit assisted by
Mr. Shashank Sharma.
Mr. LK Purohit.
Mr. Suniel Purohit.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
[2024:RJ-JD:1389] (4 of 5) [CW-5910/2023]
09/01/2024
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioners submits that the
controversy involved in the present case is squarely covered by
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
[2024:RJ-JD:1389] (5 of 5) [CW-5910/2023]
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. In this view of the matter, the learned counsel for the
petitioners submits that the petitioners 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 petitioners, the present writ petitions are disposed of with a
direction that in the event of filing a representation by the
petitioners, the respondents shall decide the same within a period
of 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. All pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI), J.
363-369-Jitender/devrajP
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