Rajasthan High Court - Jodhpur
Krishna Kumar vs Rajasthan State Road Transport ... on 13 May, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:22929]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8683/2025
Krishna Kumar S/o Shri Mangeram, Aged About 64 Years, R/o
Vpo Ninaan, Tehsil Bhadra, District Hanumangarh (Raj.).
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through Its
Chairman And Managing Director, Head Quarter Parivahan
Marg, Jaipur.
2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marga, Head
Office, Jaipur.
3. Chief Manager, Rajasthan State Road Transport
Corporation, District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. P.D. Bohra for
Mr. Mukesh Vyas
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
13/05/2025
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submit 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
[2025:RJ-JD:22929] (2 of 2) [CW-8683/2025]
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."
Learned counsel further submit 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.
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).
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
petitioner, the respondent 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).
(VINIT KUMAR MATHUR),J
1-Payal/-
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