Rajasthan High Court - Jaipur
Anand Lal S/O Shri Gouri Shankar vs Mr. Alok on 4 July, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 106/2021
Narendra Singh Rathore S/o Shri Vagat Singh, Aged About 64
Years, R/o 2-2-7, Housing Board, Banswara (Raj.)
----Petitioner
Versus
Mr. Alok, Managing Director, Rajasthan State Road Transport
Corporation, Head Office Parivahan Marg, Chomu House, C-
Scheme, Jaipur.
----Respondent
Connected With S.B. Civil Miscellaneous Application No. 107/2021 Mahaveer Prasad S/o Shri Prabhu Singh, Aged About 64 Years, R/o Village Berawas Khurd Post Jodiya, Tehsil Kotkasim, District Alwar (Raj)
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 108/2021 Pritam Singh S/o Shri Vijay Singh, Aged About 63 Years, R/o Kailash Nagar, Behind Amarnath School, Mathura (U.p.)
----Petitioner Versus Rajhans Upadhyaya Chairman Cum Manging Director, Rajasthan State Road Transport Corporation, Parivahan Marg, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 109/2021 Jaigopal Prajapati S/o Shri Prabhu Ji, Aged About 64 Years, R/o New Govind Nagar, Galil No. 7, Ramganj, Ajmer (Raj)
----Petitioner Versus (Downloaded on 07/07/2022 at 09:18:00 PM) (2 of 15) [CMAP-106/2021] Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C- Scheme, Jaipur (Rajasthan)
----Respondent S.B. Civil Miscellaneous Application No. 110/2021 Laxmi Narayan Srivastava S/o Shri Asarfi Lal, Aged About 65 Years, R/o Ward No. 12, Doctor Colony, Raja Khera, Dholpur. (Raj).
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 111/2021 Mohammad Sharif S/o Shri Mohammad Saddique, Aged About 64 Years, R/o Opposite Old Rto Office, Rasulpura Road, Dhuwaliya, Via Madar, District Ajmer, (Raj.)
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 112/2021 Ramesh Chand Vedwal S/o Late Shri Nand Kishore, Aged About 65 Years, R/o Plot No. 3507, Kali Mai Mohalla, Nasirabad, District Ajmer.
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 113/2021 Vinod Kumar Sharma S/o Shri Anand Vallabh, Aged About 64 Years, R/o Jyoti Sadan, Behind Khanij Nagar, Sector-3, Balupura, Adarsh Nagar, Ajmer, (Raj.).
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----Petitioner
Versus
Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 114/2021 Manna Lal Sharma S/o Shri Shiv Sahay Sharma, Aged About 67 Years, R/o Mukam Post Ghasipura, Tehsil Shahpura, District Jaipur (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office Rarivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 115/2021 Kailash Chand Sharma, Aged About 66 Years, R/o Jhareda Road, Behind Panchayat Samiti, Tehsil Hindaun, District Karauli, (Raj.).
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 116/2021 Ratan Lal S/o Shri Ghisu Lal, Aged About 64 Years, R/o Subhash Nagar, Beawar Road, Ajmer.(Rajasthan)
----Petitioner Versus Mr. Alok, Managing Director Rajasthan State Road Transoport Corporation, Head Office Parivahan Marg, Chomu House, C- Scheme, Jaipur (Rajasthan.)
----Respondent S.B. Civil Miscellaneous Application No. 117/2021 Ram Pratap Yadav S/o Shri Surajbhan Yadav, Aged About 65 Years, R/o Khatori Ahir, Post Kamaniya, Tehsil Narnor, District (Downloaded on 07/07/2022 at 09:18:00 PM) (4 of 15) [CMAP-106/2021] Mahendragarh, (Haryana)
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office,parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 118/2021 Omprakash Sharma S/o Shri Bansi Lal Sharma, Aged About 65 Years, R/o C-213, Mahesh Nagar, Tonk Phatak, Jaipur (Raj.)
----Petitioner Versus Mr. Naveen Jain, Managing Director Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 119/2021 Vinod Kumar Yadav S/o Shri Deeg Ram, Aged About 64 Years, R/o Village Post Office Shahbad, Tehsil Tijara, District Alwar (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House , C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 120/2021 Narayan Das S/o Shri Bhagwan Das, Aged About 65 Years, R/o Village Isori, Post Iradat Nagar, District Agra, (Raj.).
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 121/2021 Sitaram Pathariya S/o Shri Kalu Ram, Aged About 65 Years, R/o (Downloaded on 07/07/2022 at 09:18:00 PM) (5 of 15) [CMAP-106/2021] House No. 1419, Ward No. 05, Lotha Mohalla, Nasirabad, District Ajmer (Raj)
----Petitioner Versus Mr. Naveen Jain Managing Director, Rajasthan State Road, Transport Corporation , Head Office Parivahan Marg, Chomu House, C-Scheme, Jaipur,.
----Respondent S.B. Civil Miscellaneous Application No. 122/2021 Kishan Lal Yadav
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 123/2021 Vishnu Dutt Bhardwaj S/o Shri Gopal Lal Bhardwaj, Aged About 64 Years, R/o 453/28, Bhajanganj, Ajmer (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 124/2021 Bhanwari Devi W/o Late Shri Kishan Lal, Aged About 62 Years, R/o Naya Badgaon, Badgaon, Ajmer (Rajasthan)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 125/2021 Bhagwati Prasad Sharma S/o Shri Shyam Lal Sharma, Aged About 63 Years, R/o Mansarovar Colony, Sepaun Road, Dholpur (Downloaded on 07/07/2022 at 09:18:00 PM) (6 of 15) [CMAP-106/2021] (Raj.)
----Petitioner Versus Suchi Sharma, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 126/2021 Suvalal Gurjar S/o Shri Ramji, Aged About 64 Years, R/o House No. 517/19, Gali No. 7, Dev Nagar, Adarsh Nagar, Ajmer (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 127/2021 Girraj Prasad Sharma S/o Shri Lallu Ram Sharma, Aged About 64 Years, R/o Village And Post Atewa, Tehsil Karauli, District Karauli, (Raj,)
----Petitioner Versus Shri Rajeshwar Singh Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C-Scheme, Jaipur District Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 128/2021 Prem Das Sharma S/o Shri Revti Prasad, Aged About 64 Years, R/o Village Midakul, District Agra (Raj.)
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivhan Marg, Chomu House, C-Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 129/2021 Abdul Aziz S/o Shri Abdul Hakim, Aged About 63 Years, R/o (Downloaded on 07/07/2022 at 09:18:00 PM) (7 of 15) [CMAP-106/2021] Ward No. 8, Sarwad, District Ajmer (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 130/2021 Jagdish Prasad Sharma S/o Shri Jethmal, Aged About 63 Years, R/o House No. 506, Ward No. 28, Bhajanganj, District Ajmer (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 131/2021 Mahaveer Kumar Jain S/o Shri Gulab Chand Jain, Aged About 63 Years, R/o 36/197, Kiran Path, Mansarovar, Jaipur (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 132/2021 Sheesh Ram S/o Shri Bhagwana Ram, Aged About 64 Years, R/o Village Choukhi (Taika), Post Office And Tehsil Kotkasim, District Alwar (Raj.)
----Petitioner Versus Mr. Naveen Jain, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 133/2021 (Downloaded on 07/07/2022 at 09:18:00 PM) (8 of 15) [CMAP-106/2021] Noor Mohammad S/o Shri Abdul Sikandar, Aged About 64 Years, R/o 1654/13, Sanjay Nagar, Azad Nagar, Khanpura, Ajmer (Rajasthan)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 134/2021 Jodha Singh S/o Shri Chotu Singh, Aged About 65 Years, R/o 910, Village Jajatiya, Post Data, Via Shri Nagar, District Ajmer (Raj.)
----Petitioner Versus Suchi Sharma, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 135/2021 Rajendra Kumar Vyas S/o Shri Salikram, Aged About 64 Years, R/o 4/28, Khatu Colony, Banswara ( Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 136/2021 Anand Lal S/o Shri Gouri Shankar, Aged About 64 Years, R/o Udaipur Kalan, Tehsil Kishangarh, District Ajmer (Rajashtan)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-
Scheme, Jaipur
----Respondent
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S.B. Civil Miscellaneous Application No. 137/2021 Hafiz Mohammad S/o Shri Abdul Rahman, Aged About 64 Years, R/o Near Bandland School, Bhilwara (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 138/2021 Shivraj Singh S/o Shri Kesar Singh, Aged About 63 Years, R/o House No. 22, Tilak Nagar, Khankiya Naka, Khanpur Road, Jhalawar (Raj)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C- Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 139/2021 Dinesh Chand Garg S/o Jagdish Garg, Aged About 62 Years, R/o Mandawar, Tehsil Mahuwa, District Dausa (Raj.)
----Petitioner Versus Shri Rajeshwar Singh, Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur
----Respondent S.B. Civil Miscellaneous Application No. 140/2021 Damodar Prasad Sharma S/o Shri Late Ram Niwas Sharma, Aged About 64 Years, R/o Mukam Post Jipiya, Via Jamola, District Ajmer (Rajasthan)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Chomu House, C-
Scheme, Jaipur
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----Respondent
S.B. Civil Miscellaneous Application No. 141/2021 Bhanwar Lal S/o Shri Chouth Mal, Aged About 64 Years, R/o House No. 322/40, Village Balupura, Adarsh Nagar, Ajmer (Raj.)
----Petitioner Versus Mr. Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C- Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 142/2021 Banne Singh Gurjar S/o Shri Laxmi Narayan, Aged About 63 Years, R/o Village And Post Bhanakpura, Via Mehandipur Balaji, Tehsil Todabhim, District Karauli (Raj.)
----Petitioner Versus Shri Rajeshwar Singh Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C-Scheme, District Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 152/2021 Rampal Gurjar S/o Shri Choga Lal, Aged About 65 Years, R/o Khanij Nagar, Balupura Road, Adarsh Nagar, Jaipur (Raj..)
----Petitioner Versus Shri Alok, Managing Director, Rajasthan State Road Transport Corporation, Head Office Parivahan Marg, Chomu House, C- Scheme, Jaipur.
----Respondent S.B. Civil Miscellaneous Application No. 153/2021 Kailash Chand Chouhan S/o Shri Shiv Narayan, Aged About 64 Years, R/o 888/42, Dhan Nadi, Balupura Road, Ajmer (Raj.)
----Petitioner Versus Shri Alok, Managing Director, Rajasthan State Road, Transport Corporation Head Office Parivahan Marg, Chomu House, C- Scheme, Jaipur.
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----Respondent
S.B. Civil Miscellaneous Application No. 1/2022 Dawood Khan S/o Noor Mohammad, Aged About 62 Years, R/o Gram Fatehpur, Pahari, Tehsil Pahari, District Bharatpur. (Raj.)
----Petitioner Versus Rajhans Upadhyaya Chairman Cum Managing Director, Rajasthan State Road, Transport Corporation, Parivahan Marg, C-Scheme, Jaipur
----Respondent For Petitioner(s) : Mr.Vinayak Kumar Joshi, Adv. For Respondent(s) : Mr.Rahul Ghiya, Adv.
Mr.Vinod Kumar Mathur, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 04/07/2022 These misc. applications have been filed on behalf of the Rajasthan State Road Transport Corporation for recalling the order dated 25.08.2021, passed by this Court in different contempt petitions filed by the employees-petitioners for seeking compliance of the order for payment of interest on the gratuity.
This Court on 25.08.2021 disposed of the contempt petitions directing the contemnors-Officers of the RSRTC to pay due interest on gratuity to the petitioners within a period of six months.
This Court further made it clear that if due interest was not paid, as directed, the petitioners were at liberty to move application for revival of the contempt petitions.
Learned counsel appearing for the Corporation Mr.Vinayak Joshi submitted that after passing of the order by this Court on 25.08.2021, the Corporation had issued a circular dated (Downloaded on 07/07/2022 at 09:18:01 PM) (12 of 15) [CMAP-106/2021] 03.11.2021 whereby priorities have been given to make payment to the employees, under different heads.
Learned counsel for the Corporation submitted that the Circular dated 03.11.2021 ensures payment of interest on gratuity as given at Priority-VIII.
Learned counsel submitted that the first Priority of the Corporation is to give salary to the working employees and pension to the retired employees.
Learned counsel submitted that as per circular dated 03.11.2021, the Corporation has paid the Principal amount of gratuity, privilege leave & arrears of 5 th and 6th Pay Commissions to the employees, who retired upto August, 2021.
Learned counsel further submitted that after order was passed by this Court on 25.08.2021, the Principal Seat at Jodhpur has also passed an order, whereby directions have been given to first pay the gratuity amount and interest on the gratuity amount is not to be paid.
Learned counsel submitted that keeping in mind, the directions issued at Principal Seat at Jodhpur as well as circular dated 03.11.2021, the Authorities want more time to comply with the directions given by this Court and counsel submits that the circular dated 03.11.2021 is required to be kept in mind and all payments have been made strictly.
This Court has given outer limit of six months and the same time limit is not possible to be adhered to by the Corporation in view of the subsequent developments which had taken place.
Learned counsel appearing for the petitioners submitted that the earlier contempt petitions, which were disposed of by this Court, by giving specific direction to the Authorities to release (Downloaded on 07/07/2022 at 09:18:01 PM) (13 of 15) [CMAP-106/2021] amount of interest on the gratuity and six months outer time limit which was provided, was sufficient for compliance of the order.
Learned counsel for the petitioners further submitted that entitlement of the writ petitioners for due interest on gratuity has never been disputed and the Corporation is not making sincere efforts for releasing the said claim of the petitioners.
Learned counsel for the petitioner further submitted that the Division Bench in D.B.Special Appeal Writ Petition No.1012/2021 (Managing Director & Anr. Vs.Shyam Sunder Sharma) has also directed the Authorities of the Corporation to make due payment to the employees of overtime and other claims and while disposing of the appeal of the Corporation, the outer time limit of four months was fixed and only upon a genuine difficulty being faced by the Corporation, such time was permitted to be extended by the Single Bench.
This Court while hearing the misc. applications, had directed learned counsel for the Corporation to file an affidavit as what steps have been taken by the Corporation to comply with the order and circular dated 03.11.2021.
Learned counsel Mr.Vinayak Joshi has filed an additional affidavit and has narrated the facts regarding payment being made to the different employees who stood retired.
Learned counsel, on the strength of the affidavit, submitted that time and again the Corporation is making request to the State Government to release the required fund for making payment to the different employees who have retired long back.
Learned counsel submitted that the Corporation has surrendered two premises in favour of the State Government and against such surrender, the Corporation has been paid advance (Downloaded on 07/07/2022 at 09:18:01 PM) (14 of 15) [CMAP-106/2021] amount of Rs.214 Crores and as such all employees who have retired up to August 2021 their pension and gratuity amount have been paid. Learned counsel submitted that the Corporation has borrowed Rs.260 Crores from different banks.
Learned counsel submitted that the efforts so made by the Authorities, clearly show their intention to comply with the directions issued by this Court from time to time and as such the order passed by this Court on 25.08.2021, may be modified/recalled.
I have heard the submissions made by learned counsel for the parties and perused the material available on record.
This Court finds that after passing of the order dated 25.08.2021, the respondent-Corporation has issued circular dated 03.11.2021, whereby interest on gratuity is required to be paid by the Corporation at Priority-VIII and other dues of the employees are required to be paid in the Priority, as fixed in the circular dated 03.11.2021.
This Court further finds that the Principal Seat at Jodhpur has also directed the Authorities of the Corporation to first pay the Principal amount of pension and gratuity and payment of interest on gratuity, will be considered later on.
This Court accordingly, finds that the order dated 25.08.2021 needs to be modified and accordingly, the time limit which was given of six months to comply with the order for payment of interest and gratuity is further extended for a period of six months.
This Court also makes it clear that if there is any violation of circular dated 03.11.2021 issued by the Corporation, the (Downloaded on 07/07/2022 at 09:18:01 PM) (15 of 15) [CMAP-106/2021] petitioner would be at liberty to file appropriate application before this Court.
This Court also grants liberty to the Corporation to move appropriate application, in the event they find any difficulty in complying with the order, or the circular dated 03.11.2021 is not implemented due to shortage of fund, as per Priorities given in the circular.
Accordingly, all these applications stand disposed of.
(ASHOK KUMAR GAUR),J Monika/38-77 (Downloaded on 07/07/2022 at 09:18:01 PM) Powered by TCPDF (www.tcpdf.org)