Rajasthan High Court - Jodhpur
Jagdish Kumar Garg vs Rajasthan State Road Transport ... on 18 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:38393]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15158/2024
1. Jagdish Kumar Garg S/o Chhogaram, Aged About 34
Years, R/o Vpo Nandiya, Tehsil Pindwara, Dist. Sirohi
(Rajasthan).
2. Kamlesh Parbat S/o Jagdish Parbat, Aged About 41 Years,
R/o Vpo Sanesarji, Tehsil And Dist. Sirohi (Rajasthan).
3. Manohar Singh S/o Karan Singh, Aged About 50 Years, R/
o Nee School Ke Pass Nayawas, Dist. Sirohi (Rajasthan).
----Petitioners
Versus
1. Rajasthan State Road Transport Corporation, Through Its
Chairman, Chaumu House, Parivahan Marg, Near Civil
Lines, Jaipur, Rajasthan.
2. Managing Director, Rajasthan State Road Transport
Corporation, Chaumu House, Parivahan Marg, Near Civil
Lines, Jaipur, Rajasthan.
3. The Chief Manager, (Financial) Road Transport
Corporation, Aburoad Depot, Sirohi, Rajasthan.
4. The Chief Manager, (Administration) Road Transport
Corporation, Aburoad Depot, Sirohi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sanjay Rajpurohit
Mr. Vipin Shekhawat
Mr. Gajendra Singh
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/09/2024
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
[2024:RJ-JD:38393] (2 of 3) [CW-15158/2024]
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 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
[2024:RJ-JD:38393] (3 of 3) [CW-15158/2024]
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 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
50-divya/-
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