Rajasthan High Court - Jodhpur
Radha Kishan vs The Rajasthan State Road Transport ... on 24 February, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:10699]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4748/2025
Radha Kishan S/o Shri Baldas, Aged About 58 Years, R/o Vpo
Ransisar Jodha, Tehsil Deedwana, District Deedwana-Kuchaman
(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), Rajasthan State
Road Transport Corporation, Parivahan Marg, Jaipur
(Rajasthan)
3. The Chief Manager, Rajasthan State Road Transport
Corporation, Deedwana Depot, Dist Deedwana-Kuchaman
(Rajasthan)
----Respondents
For Petitioner(s) : Mr. Ratan Ankiya for
Mr. Inderjeet Yadav
JUSTICE DINESH MEHTA
Order
24/02/2025
1. Learned counsel for the petitioner submits that the
controversy involved in the writ petition 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 only have been deferred by two
years and not more. In this background, the
decision of the respondent Corporation to defer
[2025:RJ-JD:10699] (2 of 3) [CW-4748/2025]
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."
2. 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.
3. In this view of the matter, the learned counsel for the
petitioner submits 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).
4. In view of the limited prayer made by the learned counsel for
the petitioner, the writ petition is disposed of with a direction that
[2025:RJ-JD:10699] (3 of 3) [CW-4748/2025]
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, keeping in mind the law laid down by
this Court in the case of Tara Chand (supra).
5. 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 petitioner
would be entitled to the relief.
6. Stay application also stand disposed of.
(DINESH MEHTA),J
17-akansha/-
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