Rajasthan High Court - Jodhpur
Madan Lal Sihag vs The Rajasthan State Road Transport ... on 2 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:36359]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14607/2024
Madan Lal Sihag S/o Shri Arjun Ram, Aged About 66 Years,
Resident Of Ward No. 14, Street No. 10, Behind Govt. School,
Makkasar, Tehsil And District Hanumangarh (Rajasthan).
----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 Manager (Administration), The Rajasthan State
Road Transport Corporation, Hanumangarh Depot, District
Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Inderjeet Yadav
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/09/2024
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submit that the
controversy involved in the present case is squarely covered by a
judgment of this Court rendered in Tara Chand Vs. Rajasthan
State Road Transport Corporation & Anr. (S.B. Civil Writ
Petition No.8810/2014) 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
[2024:RJ-JD:36359] (2 of 3) [CW-14607/2024]
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 for the petitioner further submit that the
order dated 25.01.2017 passed in the case of Tara Chand (supra)
was affirmed by the Division Bench of this Court in D.B. Civil
Special Appeal (Writ) No.524/2018 (The Rajasthan State
Road Transport Corporation & Anr. Vs. Tara Chand) 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 the Hon'ble 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
petitioner submit that the petitioner 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:36359] (3 of 3) [CW-14607/2024]
5. In view of the limited prayer made by the learned counsel
for the petitioner, the present 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; if the case of the
petitioner 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. 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
petitioners would be entitled to the relief.
7. Stay petition also stands disposed of accordingly.
(FARJAND ALI),J
Abhishek Kumar
S.No.293
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