Rajasthan High Court - Jodhpur
Shaheed Hussain Farooqi vs The Rajasthan State Road Transport ... on 27 May, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:24043]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8223/2024
Shaheed Hussain Farooqi S/o Late Shri Talib Hussain Farooqi,
Aged About 52 Years, B/c Farooqi Muslim, R/o House No. 1 A 12,
Madhuban Housing Board, Basni, First Phase, Jodhpur (Raj.).-
342005.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corpration, Through
Its Managing Director, Head Office, Parivahan Marg,
Choumu House, Jaipur (Raj.).
2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Head Office, Parivahan Marg,
Chaumu House, Jaipur (Raj.).
3. The Chief Manager, Rajasthan State Road Transport
Corporation, Jodhpur Depot, District Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Kanishk Sharma
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/05/2024
1. Learned counsel for the petitioner submits that the
controversy involved in the writ petition 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
[2024:RJ-JD:24043] (2 of 3) [CW-8223/2024]
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."
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.
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
[2024:RJ-JD:24043] (3 of 3) [CW-8223/2024]
same in light of the judgment rendered by this Court in the case
of Tara Chand (supra).
2. In view of the limited prayer made by the learned counsel for
the petitioner, the writ petition is disposed of with a direction
that in the event of filing a representation by the petitioner, 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).
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.
3. Stay application also stand disposed of, accordingly.
(REKHA BORANA),J
2-Vij/-
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