Vipin Kumar Mathur vs The Rajasthan State Road Transport ...
2024 Latest Caselaw 9128 Raj

Rajasthan High Court - Jodhpur

Vipin Kumar Mathur vs The Rajasthan State Road Transport ... on 19 October, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:42723]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 17512/2024

1.       Vipin Kumar Mathur S/o Shri Govind Lal, Aged About 61
         Years, Resident Of House No. 14/51, Plot No. 106, Sath
         Gharon Ka Baas, Brahmpuri, Jodhpur, Tehsil And District
         Jodhpur (Rajasthan).
2.       Jyoti Prakash Vashishth S/o Shri Dinesh Chandra Sharma,
         Aged About 42 Years, Resident Of Village Tehla, District
         Alwar (Rajasthan).
3.       Rakesh Kumar Meena S/o Shri Harlal Meena, Aged About
         42 Years, Resident Of Village Chhajurampura, Tehsil And
         District Alwar (Rajasthan).
4.       Krishan Kumar Yadav S/o Shri Bhagwan Singh Yadav,
         Aged About 45 Years, Resident Of Village Silarpur,
         Naghori, District Alwar (Rajasthan).
5.       Harish Kumar Meena S/o Shri Badri Prasad Meena, Aged
         About 42 Years, Resident Of Village Pinan, District Alwar
         (Rajasthan).
6.       Krishan Kumar S/o Shri Ram Chandra Yadav, Aged About
         45 Years, Resident Of Village Balpura, Guwana, District
         Alwar (Rajasthan).
7.       Dheeraj Kumar S/o Shri Vijendra Singh, Aged About 42
         Years,      Resident      Of      Village       Reta,     District   Alwar
         (Rajasthan).
8.       Harish Kumar S/o Shri Hoshiyar Singh Yadav, Aged About
         31 Years, Resident Of Village Binoliya, Tehsil Tijara,
         District Alwar (Rajasthan).
9.       Dharamvir Singh S/o Shri Mewa Ram, Aged About 40
         Years, Resident Of Jat Mohalla, Dudheri, Reta, District
         Alwar (Rajasthan).
10.      Devesh Kumar S/o Shri Nannu Singh, Aged About 40
         Years, Resident Of Village Peeraka, District Bharatpur
         (Rajasthan).
11.      Indraj Sharma S/o Shri Banwari Lal Sharma, Aged About
         56 Years, Resident Of Ram Nagar, Bhindoosi, District
         Alwar (Rajasthan).
12.      Ajit Singh Choudhary S/o Shri Karan Singh, Aged About
         49 Years, Resident Of Village Birtoly, Tehsil Mundawar,
         District Alwar (Rajasthan).

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13.      Hemant Kumar Gupta S/o Shri Shiv Charan Lal, Aged
         About 59 Years, Resident Of Puran Bazar, Near Hanuman
         Mandir, Kishangarh Bas, District Alwar (Rajasthan).
14.      Sultan Singh S/o Shri Shish Ram, Aged About 59 Years,
         Resident Of Jain Mandir Ke Piche, Kishangarh Bas, District
         Alwar (Rajasthan).
15.      Jaswant Singh S/o Shri Prabhati Lal, Aged About 60
         Years, Resident Of Village Beeranwas, Post Mandhan,
         District Alwar (Rajasthan).
16.      Babu Lal S/o Shri Munsi Ram Gurjar, Aged About 60
         Years, Resident Of Tijara, District Alwar (Rajasthan).
17.      Dharmendra Singh S/o Shri Hari Singh, Aged About 58
         Years, Resident Of Ashoka Talkies Ke Piche, Madho Ka
         Kuan, Alwar, District Alwar (Rajasthan).
18.      Rajendra Yadav S/o Shri Kanhaiya Lal Yadav, Aged About
         54 Years, Resident Of Village Bamanpura, Ramnagar,
         District Alwar (Rajasthan).
19.      Daleep Chand S/o Shri Kaku Ram Oad, Aged About 54
         Years, Resident Of House No. 4/219, Neb Vistar Yojna,
         Tuleda Housing Board, Alwar, District (Rajasthan).
20.      Ram Swaroop Singh S/o Shri Brij Mohan Singh, Aged
         About 59 Years, Resident Of Plot No. 23, Scheme No. 8,
         Alwar, Tehsil And District Alwar (Rajasthan).
21.      Ashok Kumar Saini S/o Shri Heera Lal Saini, Aged About
         60 Years, Resident Of Village Saidpur Baraka, District
         Alwar (Rajasthan).
22.      Chhitar Lal Meena S/o Soma Ram Meena, Aged About 64
         Years, Resident Of Village And Post Polayara, Tehsil
         Devali, District Tonk (Rajasthan).
23.      Madan Lal Sharma S/o Shri Syochand Sharma, Aged
         About 64 Years, Resident Of House No. 27, Shivaji Nagar,
         Campu, Tonk, Tehsil And District Tonk (Rajasthan).
24.      Dal Chand Mishra S/o Shri Narayan Prakash, Aged About
         38 Years, Resident Of Imli Wale Hanuman Mandir Ka
         Mohalla, Tehsil Laxmangarh, District Alwar (Rajasthan).
25.      Dal Chand S/o Shri Bhoure Lal, Aged About 39 Years,
         Resident Of Ward No. 8, Hadarhera, District Alwar
         (Rajasthan).


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                                                                        ----Petitioners
                                         Versus
1.       The Rajasthan State Road Transport Corporation, Choumu
         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, Alwar Depot, District Alwar (Rajasthan).
4.       The Chief Depot Manager, Rajasthan State Road Transport
         Corporation,          Matasynagar            Depot,          District     Alwar
         (Rajasthan).
5.       The Chief Depot Manager, Rajasthan State Road Transport
         Corporation, Tijara Depot, District Alwar (Rajasthan).
6.       The Chief Depot Manager, Rajasthan State Road Transport
         Corporation, Tonk Depot, District Tonk (Rajasthan).
7.       The Chief Depot Manager, Rajasthan State Road Transport
         Corporation, Jodhpur Depot, District Jodhpur (Rajasthan).
                                                                     ----Respondents


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



                HON'BLE MR. JUSTICE FARJAND ALI

Order

19/10/2024

1. Heard learned counsel for the petitioners.

2. Learned counsel for the petitioners submits 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:-

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"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 actualentitle- ment. 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 en- hanced 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

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 submit 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).

[2024:RJ-JD:42723] (5 of 5) [CW-17512/2024]

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 that in the event of filing a representation by the

petitioners, the respondent shall decide the same within a period

of four weeks from the date of its receipt; if the case of the

petitioners falls within the purview of the law laid down by this

Court in the case of Tara Chand (supra); the same shall be

decided in terms of the judgment above.

6. Stay petition also stands disposed of.

(FARJAND ALI),J 148-divya/-

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