Rajasthan High Court - Jodhpur
Ram Singh Kumpawat vs State Of Rajasthan And Ors. ... on 7 May, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:21842]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 545/2018
Ram Singh Kumpawat S/o Shri Narayan Singh Singh, aged about
58 years, Resident Of Plot No. 38, Mohan A, Bjs Colony, Paota,
Jodhpur. (Presently Working On Post Of Conductor In Abu Road
Depot)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Ministry
Of Transport, Transport Department, Jaipur.
2. Chairman And Managing Director, Rajasthan State Road
Transport Corporation, Parivahan Marg, Choumu House,
Jaipur.
3. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marg, Choumu
House, Jaipur Rajasthan.
4. Chief Manager, Abu Road Depot Rsrtc, Abu Road.
----Respondents
For Petitioner(s) : Mr. Avinash Acharya
For Respondent(s) : Ms. Kamini Chouhan
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
07/05/2025
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:-
[2025:RJ-JD:21842] (2 of 3) [CW-545/2018]
"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 actualentitlement. 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."
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
[2025:RJ-JD:21842] (3 of 3) [CW-545/2018]
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 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.
(VINIT KUMAR MATHUR),J
268-Payal/-
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