Rajasthan High Court - Jodhpur
Laxman Singh Chouhan vs The Rajasthan State Road Transport ... on 8 July, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:29392]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12642/2025
1. Laxman Singh Chouhan S/o Shri Guman Singh, Aged
About 70 Years, Resident Of Village Chainpuriya, Rajgarh,
District Chittorgarh (Rajasthan).
2. Jagdish Prasad Vaishanav S/o Shri Lal Das Vaishnav, Aged
About 59 Years, Resident Of Village Guda Jodha,
Bhairunda,district Nagaur (Rajasthan).
3. Shivdayal Sharma S/o Shri Gopal Lal Sharma, Aged About
59 Years, Resident Of Village Atewa, Tehsil And District
Karauli (Rajasthan).
4. Umar Mohammed S/o Imma Khan, Aged About 63 Years,
Resident Of Village Ranoli, Post Ismailpur, District Alwar
(Rajasthan).
5. Ashok Kumar Panchal S/o Shri Madhav Lal Panchal, Aged
About 59 Years, Resident Of 1-D-10, Shakti Park, Housing
Board Banswara, District Banswara (Rajasthan).
6. Shivdaya Jat S/o Shri Jhutha Ram Jat, Aged About 59
Years, Resident Of Vijay Nagar, Hasteda, District Jaipur
(Rajasthan).
7. Sanwar Mal Sharma S/o Shri Nath Mal Sharma, Aged
About 57 Years, Resident Of Village Post Mundwara, Via
Khud, Tehsil And District Sikar (Rajasthan).
----Petitioners
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.
3. The Chief Manager, Rajasthan State Road Transport
Corporation, Chittorgarh Depot, (Rajasthan).
4. The Chief Manager, Rajasthan State Road Transport
Corporation, Ajmer Depot, (Rajasthan).
5. The Chief Manager, Rajasthan State Road Transport
Corporation, Hindoun Depot, (Rajasthan).
6. The Chief Manager, Rajasthan State Road Transport
Corporation, Baran Depot (Rajasthan).
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[2025:RJ-JD:29392] (2 of 3) [CW-12642/2025]
7. The Chief Manager, Rajasthan State Road Transport
Corporation, Banswara Depot (Rajasthan).
8. The Chief Manager, Rajasthan State Road Transport
Corporation, Sikar Depot (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Nand Lal Hirania for
Mr. Inderjeet Yadav.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
08/07/2025
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:-
"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
[2025:RJ-JD:29392] (3 of 3) [CW-12642/2025]
shall be recoverable from the official/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 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
direction that in the event of filing a representation by the
petitioners, the respondents shall decided 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. Stay application also stands disposed of accordingly.
(VINIT KUMAR MATHUR),J
29-Shahenshah/-
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