Rajasthan High Court - Jodhpur
Kisturaram vs The Rajasthan State Road Transport ... on 8 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:41172]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16484/2024
Kisturaram S/o Shri Jesaram Nai, Aged About 70 Years, R/o Vpo
Balsamand, Tehsil Ladnu, District-Didwana-Kuchaman (Raj.).
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Through
Managing Director, Head Office, Choumu House,
Parivahan Marg Jaipur.
2. The Chairman, Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan Marg
Jaipur.
3. The Financial Advisor, Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan
Marg, Jaipur.
4. The Chief Manager/depot Manager, Rajasthan State Road
Transport Corporation, Didwana Depot.
----Respondents
For Petitioner(s) : Mr. Sukesh Bhati
For Respondent(s) : Mr. DK Joshi
HON'BLE MR. JUSTICE FARJAND ALI
Order
08/10/2024
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,
therefore, the present writ petition may also be disposed of
in light of the said judgment.
[2024:RJ-JD:41172] (2 of 3) [CW-16484/2024]
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
seniority in terms of the order dated 30.03.2017, passed by
Jaipur Bench of this Court in SBCWP No.9127/2016.
[2024:RJ-JD:41172] (3 of 3) [CW-16484/2024]
(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
46-Chhavi/-
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