Baldev Ram vs Raj Hans Upadhyay on 12 December, 2024

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Rajasthan High Court - Jodhpur

Baldev Ram vs Raj Hans Upadhyay on 12 December, 2024

[2024:RJ-JD:51285] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Contempt No. 1014/2017 in S.B. Civil Writ Petition No.813/2017 Dwarkesh Kumar S/o Meghraj Ji, R/o E-109, UIT Colony, Pratap Nagar, Jodhpur.

----Petitioner Versus

1. Shri Kuldeep Ranka, Managing Director, Rajasthan State Road Transport Corporation, Jaipur.

2. Shri Chandra Veer Singh Charan, Chief Manager, Rajasthan State Road Transport Corporation, Jodhpur.

----Respondents For Petitioner(s) : Mr. Pradeep Choudhary Mr. Sukesh Bhati Mr. Rajesh Shah Mr. S.K.Verma Ms. Mrinal Khatri Mr. V.R. Choudhary Mr. H.S. Shrimali Mr. S.K.Poonia Mr. Narendra Thanvi Mr. Sushil Solanki Mr. Uttam Singh Rajpurohit Mr. Devanand Solanki Mr. Bharat Devasi Mr. Bhawani Singh Mr. R.S. Saluja Mr. Achraj Singh Saluja Mr. Hari Singh Rajpurohit Mr. Dinesh Purohit Mr. Prakash Raika Mr. Bhanwar Singh Deora Mr. D.S. Soni Mr. Mukesh Dave For Respondent(s) : Mr. Harish Kumar Purohit Mr. Shashank Sharma Mr. Mahaveer Bishnoi, AAG Mr. Suniel Purohit (Downloaded on 13/12/2024 at 11:28:42 PM) [2024:RJ-JD:51285] (2 of 11) [WCP-1014/2017] JUSTICE DINESH MEHTA Order 12/12/2024

1. Present contempt petition so also other petitions enlisted in the Schedule appended herewith which involve identical allegation and facts are being disposed of conjointly by this Common order.

The Schedule shall be treated as part and parcel of the order instant.

2. Learned counsel for the parties submits that the cases be disposed of in terms of the order dated 10.12.2024 which this Court has passed in S.B. Writ Contempt Petition No.1027/2018 :

Dungav Ram Vs. Shri Raj Hans Upadhyay & Ors.

3. The directions given in the case of Dungav Ram (supra) are reproduced hereinbelow for the sake of convenience and clarity:-

"(i) All the retired employees [who had filed their claims pursuant to order dated 07.05.2024 passed in the case of Dungav Ram (S.B. Writ Contempt No. 1027/2018) or the order passed in the case of Tara Chand Panchal (S.B. Writ Contempt No. 1099/2019)] shall file their objection(s)/claim(s) for determination of their retiral dues and other benefits within a period of two months.

(ii) The claims be filed in the office of the Chief Manager of their respective depot (from which depot the concerned employee has retired) in two sets. It will be required of the Chief Manager to give receipt of the claims so filed with seal and date.

(iii) The Managing Director of the respondent -

Corporation shall within two months from today (Downloaded on 13/12/2024 at 11:28:42 PM) [2024:RJ-JD:51285] (3 of 11) [WCP-1014/2017] nominate one retired accountant or higher official (Retd.) at each depot, to adjudicate the claims so filed.

(iv) Such nominated retired employee shall work as an 'Arbitrator'.

(v) It will be required of the Chief Manager of each Depot to provide a befitting place where the Arbitrator can have his sitting/hearing.

(vi) All the claims filed by the employees shall be sent to the Arbitrator, who shall fix the date of hearing as per his convenience under intimation to both the parties.

(vii) It will be required of the respondent - Corporation to make entire service record of each of the employees, whichever is necessary for the purpose of determination of claim, available to the Arbitrator.

(viii) An honorarium of Rs.500/- shall be paid by each of the employees/claimants to the Arbitrator, while the Corporation shall also pay equal amount to him.

(ix) Out of the amount mentioned in clause

(viii) above, half of the amount (Rs.250/-) shall be paid by both the parties to the Arbitrator at the time of first hearing. The remaining amount of (Rs.250/- each) shall be paid by the parties immediately before the final award is passed by the Arbitrator.

(x) The respondent - Corporation shall also be free to file its objections regarding the claim so lodged by the employees.

(xi) The Arbitrator shall take summary proceedings and pass award indicating therein the claim wise details of the amount payable.

(xii) With the consent of all the parties, it is hereby ordered that the determination so made (Downloaded on 13/12/2024 at 11:28:42 PM) [2024:RJ-JD:51285] (4 of 11) [WCP-1014/2017] by the said Arbitrator shall be final and binding on all the parties. No legal remedy against such order shall be permissible to any party.

(xiii) Once the amount is determined by the Arbitrator, it will be required of the respondent - Corporation to pay the same on the basis of the priority as given in the circular dated 03.11.2021 issued by the Corporation.

(xiv) Needless to mention that in case of a deceased employee his wife or legal representative shall be free to pursue the claim.

4. Notices of contempt are hereby discharged.

5. All the captioned contempt petitions stand disposed of with same directions as has been given in the case of Dungav Ram (supra).

(DINESH MEHTA),J 364-497 and 23, 26, 31, 126 and 135-akansha/Ajay-





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                                                                       Schedule

 S.Nos. Item         S.B. Writ Contempt                       Party Names
        Nos.            Petition Nos.
    1      364           1014/2017                     Dwarkesh Kumar Vs.
                                                   Kuldeep Ranka And Anr.
    2      365           1250/2017                     Chetan Prakash Soni Vs
                                                       Kuldeep Ranka And Ors.
    3      366           1327/2017                       Shikander Khan Vs

Shailendra Agarwal And Ors.

4 367 102/2018 Mohan Lal Limba Vs Kuldeep Ranka And Anr.

5 368 737/2018 Ramesh Kumar Baweja Vs Kuldeep Ranka And Anr.

6 369 753/2018 Moola Ram Nai Vs Rsrtc And Ors 7 370 775/2018 Rajendra Pal Mata Vs Kuldeep Ranka And Anr.

8 371 833/2018 Lrs Of Nand Lal Jain And Ors. Vs Shailendra Agrawal And Ors.

9 372 842/2018 Bhanwar Lal Parihar Vs Kuldeep Ranka And Anr.

10 373 874/2018 Ramkishore Vs Kuldeep Ranka And Anr.