Citation : 2025 Latest Caselaw 736 Raj
Judgement Date : 9 May, 2025
[2025:RJ-JD:22435]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9592/2025
Govind Narayan Pareek S/o Shri Rameshwar Prasad Pareek,
Aged About 70 Years, Resident Of 3-T-9, Bapu Nagar, Bhilwara,
District Bhilwara (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.
3. The Chief Manager (Administration), Rajasthan State
Road Transport Corporation, Bhilwara Depot, District
Bhilwara.
----Respondents
For Petitioner(s) : Mr. Ratan Ankiya for
Mr. Inderjeet Yadav.
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/05/2025
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
[2025:RJ-JD:22435] (2 of 3) [CW-9592/2025]
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/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
[2025:RJ-JD:22435] (3 of 3) [CW-9592/2025]
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 267-Shahenshah/-
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