Rajasthan High Court - Jodhpur
Rajendra Kumar Sharma vs Rsrtc & Anr on 12 August, 2016
Author: Jaishree Thakur
Bench: Jaishree Thakur
1
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
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CIVIL WRIT(CW) No. 9217 of 2016
RAJENDRA KUMAR
V/S
R.S.R.T.C. & ORS.
Date of Order : 12.08.2016
HON'BLE Miss JAISHREE THAKUR,J.
Mr. H.S. Rajpurohit,Advocates, for the petitioners.
Mr. Harshvardhan Singh for Mr. Harish
Purohit,Advocate, for respondents.
JUDGMENT
1. The present writ petition has been filed under Article 226 of the Constitution of India seeking grant of retiral benefits. It is contended by the counsel appearing on behalf of the petitioner that the matter stands settled by a judgment rendered in Daulat Ram vs. Chairman & Managing Director, Rajasthan State Road Transport Corporation & Ors., S.B.Civil Writ Petition No. 9687/2015 decided on 1.10.2015, therefore, the present writ petition can be disposed of in the light of the aforesaid judgment.
2. Heard. Issue notice. Mr. Harshvardhan Singh, who is present in Court today on behalf of Mr. Harish Purohit, is directed to accept notice on behalf of the respondent-Corporation. Let two sets of the writ petitions be served upon the counsel appearing on behalf of the respondent-Corporation. Learned counsel for the respondent-Corporation has not been able to distinguish the facts of the present case to that of 2 Daulat Ram's case(supra).
3. I have perused the record of the case and find that the dispute raised in the present writ petition is no longer res integra.
4. This Court while deciding the case of Daulat Ram (Supra) directed as under:-
"In this background, these writ petitions deserve to be and are hereby allowed. The respondent Corporation is directed to reimburse the entire dues of all its retired employees under all heads including retiral benefits,overtime, night allowance, earned leave etc. within a period of six months. The due amount shall carry interest @ 6 p.a. from the date of accrual till the date of actual payment. The petitioners shall be at liberty to submit detailed representations to the concerned officers to settle the accounts and facilitate the assessment of the dues at the earliest.
No order as to costs."
5. In view of the above, the writ petition is also allowed in the same terms as in the judgment rendered in the case of Daulat Ram(supra). No order as to costs.
(JAISHREE THAKUR), J.
mamta