Citation : 2025 Latest Caselaw 1663 Raj
Judgement Date : 2 July, 2025
[2025:RJ-JD:28351]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12416/2025
1. Norang Singh S/o Shri Inder Singh, Aged About 63 Years,
Resident Of Godras Koliya, Deedwana, District Nagaur
(Rajasthan).
2. Bheru Singh S/o Shri Ummed Singh, Aged About 66
Years, Resident Of Village Koliya, District Nagaur
(Rajasthan).
----Petitioners
Versus
1. 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.
3. The Chief Depot Manager, Rajasthan State Road Transport
Corporation, Deedwana Depot, District Nagaur
(Rajasthan).
----Respondents
For Petitioner(s) : Mr. Inderjeet Yadav
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/07/2025
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:-
[2025:RJ-JD:28351] (2 of 3) [CW-12416/2025]
"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 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."
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 submits 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).
5. In view of the limited prayer made by the learned counsel for
the petitioners, the present writ petition is disposed of with a
[2025:RJ-JD:28351] (3 of 3) [CW-12416/2025]
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, keeping in mind the law
laid down by this Court in the case of Tara Chand (supra).
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.
(VINIT KUMAR MATHUR),J
267-Payal/-
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