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Rajasthan State Road Transport ... vs Ramchandra Saini on 17 February, 2023

Bench: Hrishikesh Roy, Sanjay Karol

                                                     1

     ITEM NO.47                           COURT NO.15                    SECTION XV

                              S U P R E M E C O U R T O F          I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                  No(s).   4156/2019

     (Arising out of impugned final judgment and order dated 08-08-2018
     in DBSAW No. 897/2018 passed by the High Court Of Judicature For
     Rajasthan At Jaipur)

     RAJASTHAN STATE ROAD TRANSPORT CORPORATION & ORS.                   Petitioner(s)

                                                    VERSUS

     RAMCHANDRA SAINI                                                    Respondent(s)



     Date : 17-02-2023 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE HRISHIKESH ROY
                         HON'BLE MR. JUSTICE SANJAY KAROL


     For Petitioner(s)              Dr. Ritu Bhardwaj, Adv.
                                    Mr. Sachin Mittal, AOR

     For Respondent(s)


                         UPON hearing the counsel the Court made the following

                                              O R D E R

Dr. Ritu Bhardwaj, learned counsel appearing for the Rajasthan State Road Transport Corporation Submits that the respondent who was engaged as daily wage conductor on 23.08.1986 was terminated (23.2.1987) but both the learned Single Judge and the Division Bench ordered for disbursal of his salary for the probation period.

Digitally signed by Deepak Singh Date: 2023.02.21 17:31:38 IST Reason:

It is also pointed out by the learned counsel that the  2 decision of the High Court is made subject to the proceedings in SLP(C) 25565/2015 titled State of Rajasthan v. Gopal Kumawat & Others pending in this Court. Furthermore, as a daily wage earner, the respondent cannot make a claim for regularization or continuation of service on the strength of the High Court judgment as the relief granted to him was for the period of probation only.

Having noted the circumstances in this case and considering the limited relief granted to the respondent, we see no justification to exercise our special power under Article 136 of the Constitution of India in respect of the impugned judgment. Accordingly, the Special Leave Petition stands dismissed. However, the question of law is kept open.

Pending application(s), if any, shall stand disposed of.

(DEEPAK JOSHI)                                               (KAMLESH RAWAT)
COURT MASTER (SH)                                            COURT MASTER (NSH)