Rajasthan High Court - Jaipur
Shankar Lal Choudhary vs Shri Rajesh Yadav Thr R S R T C And Ors on 6 July, 2018
Author: Alok Sharma
Bench: Alok Sharma
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
(S.B. Civil Contempt Petition No.1500/2016)
Shankar Lal Choudhary S/o Shri manphool choudhary age 61 years R/o plot no. 47 Kailashpuri, Moti
Doongri Road, Jaipur (Raj.)
...Petitioner
Versus
1. Shri Rajesh Yadav, Chief Managing Director, Raj. State Road Transport Corporation, Parivahan Marg, C-
Scheme, jaipur.
2. Shri Rakesh Rajoria, Executive Director (Traffic) Raj. State Road Transport Corporation, Parivahan Marg,
C-Scheme, jaipur.
3. Shri Manoj Bansal, Chief Manager, Raj. State Road Transport Corporation, jaipur Depot, Jaipur (Raj.)
...Respondents
Date of Order: July 06, 2018.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Vinod Jhajhariya on behalf of
Mr. Sandeep Garsa, for the petitioner.
Mr. Vinayak Joshi, for respondents.
BY THE COURT:
Non complince of the judgment dated 22-7-2016 in SBCWP No.9483/2016 has been alleged in this petition whereby the writ petition was disposed of with a direction to Rajasthan State Road Transport Corporation (RSRTC) to consider and decide the representation of the petitioner with regard to retiral benefits following his superannuation from the post of Lower Division Clerk-II in RSRTC.
2
Counsel for respondents Mr. Vinayak Joshi submitted that the petitioner's representation following the order dated 22-7-2016 has been considered and it has been found that he is entitled to arrears of retiral benefits on his superannuation on various heads. However in view of precarious financial position of RSRTC there will indeed be some delay in making payment thereof dependent on release/ availability of funds including those from the State Government. He submitted that payment of retiral benefits to the petitioner would be made as per orders dated 30-3-2017, 19-5-2017 and 23-1-2018 in SBCWP No.9127/2016 (Ran Singh Vs. RSRTC) on priority determined with reference to the date of his superannuation. Thus far payment of retiral benefits have made to employees who have superannuated upto 31-12-2014. And it is proposed that retiral benefits to employees superannuated upto 30-6-2015 will be released by end of July 2018. It has been submitted that the petitioner would be paid due amounts of retiral benefits in a similar fashion with reference to the date of his superannuation as per availability of funds.
In view of submission of Mr. Vinayak Joshi, counsel for RSRTC taking note of its precarious financial position and the modus adopted under the orders of this court the petition stands disposed 3 with direction to the respondents to make payment of petitioner's due retiral benefits strictly in terms of priority with reference to the date of retirement of the employees of RSRTC. Due interest on the delay also be paid, if not otherwise clarified by the court in any pending proceedings.
The contempt petition stands disposed of accordingly. Notices are discharged.
In the event the RSRTC were to breach the order of priority determined by this court in payment of retiral benefits to superannuating employees of RSRTC to the petitioner's detriment, he would be free to move an application for recall of this order and to pursue the petition afresh.
(Alok Sharma), J.
arn/ 4 All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.
Powered by TCPDF (www.tcpdf.org)