Rajasthan High Court - Jodhpur
Gopal Singh vs State Of Rajasthan (2024:Rj-Jd:38911) on 20 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:38911]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15379/2024
Gopal Singh S/o Late Shri Dalpat Singh, Aged About 47 Years, R/
o Indra Colony, Near Railway Station, Falna, District Pali.
(Presently Working As Artisan Grade-Iii In Abu Road Depot.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Transport Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Rajasthan State Road Transport Corporation, Through The
Chairman And Managing Director, Parivahan Marg,
Choumu House, Jaipur (Rajasthan).
3. Executive Director (Administration), Rsrtc, Parivahan
Marg, Choumu House, Jaipur (Rajasthan).
4. Chief Manager, Rsrtc Abu Road Depot, Abu Road,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Avinash Acharya
For Respondent(s) : Mr. Shankar Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/09/2024
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner 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:-
"Apparently, by effect of the above circular, benefit of
second selection scale falling due to the petitioner could
[2024:RJ-JD:38911] (2 of 3) [CW-15379/2024]
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 de-
ferment of two years from the date of his actualentitlement.
Monetary benefits flowing from the above direction shall be
paid to the petitioner within a period of six months from to-
day with interest @ 6% per annum from the date of accrual
till the date of actual payment. In case, the payment is de-
layed 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
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:38911] (3 of 3) [CW-15379/2024]
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
petitioners, the respondent 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. Stay petition also stands disposed of.
(FARJAND ALI),J
24-Samvedana/-
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