Rajasthan High Court - Jaipur
Rajkumar Singh S/O Shri Tej Singh vs Rajasthan State Road Transport ... on 22 October, 2021
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7570/2021
Rajkumar Singh S/o Shri Tej Singh, Aged About 60 Years, R/o
18/47, Clock Tower, Near Sindhi Mandir, Banjara Mohalla, Manda
House, Kekri, District Ajmer.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through
Chairman Cum Managing Director, Rajasthan State Road
Transport Corporation, Chomu House, Pariwahan Marg,
Jaipur.
2. The Chief Manager, Rajasthan State Road Transport
Corporation, Kota Depot, Kota.
----Respondents
Connected With S.B. Civil Writ Petition No. 10177/2021 Nannu Ram Saini Son Of Shri Jagan Lal, Aged About 62 Years, Resident Suraj Bagh Colony Kaman, Bharatpur (Rajasthan).
----Petitioner Versus
1. Rajasthan State Roadways Transport Corporation, Through Managing Director, Chomu House, Parivahan Marg, C-Scheme, Jaipur.
2. The Executive Director (Administration), Rajasthan State Roadways Transport Corporation, Parivahan Marg, Chomu House, Jaipur.
3. The Chief Manager, Rajasthan State Roadways Transport Corporation, Bharatpur Depot, Bharatpur.
----Respondents S.B. Civil Writ Petition No. 7574/2021 Jagdish Singh Hada S/o Shri Lal Singh, Aged About 63 Years, R/o House No. L-212, Affordable House Scheme, Kansua, Ladpura, Kota.
----Petitioner Versus
1. Rajasthan State Road Transport Corporation, Through (Downloaded on 22/10/2021 at 09:04:34 PM) (2 of 4) [CW-7570/2021] Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Chomu House, Pariwahan Marg, Jaipur.
2. The Chief Manager, Rajasthan State Road Transport Corporation, Kota Depot, Kota.
----Respondents S.B. Civil Writ Petition No. 7575/2021 Omprakash Sharma S/o Shri Shyam Lal Sharma, Aged About 62 Years, R/o Coral Villa No. 2, Behind Menal Hotel, Ganpati Windsor Park, Ganpati Nagar Extension, Bundi Road, Kota.
----Petitioner Versus
1. Rajasthan State Road Transport Corporation, Through Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Chomu House, Pariwahan Marg, Jaipur.
2. The Chief Manager, Rajasthan State Road Transport Corporation, Kota Depot, Kota.
----Respondents S.B. Civil Writ Petition No. 7576/2021 Chatar Singh S/o Shri Madan Singh, Aged About 60 Years, R/o Plot No. 31, Chungi Naka, Opposite Workshop, Krishna Vihar Colony, Kunhadi, Kota.
----Petitioner Versus
1. Rajasthan State Road Transport Corporation, Through Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Chomu House, Pariwahan Marg, Jaipur.
2. The Chief Manager, Rajasthan State Road Transport Corporation, Kota Depot, Kota.
----Respondents S.B. Civil Writ Petition No. 8119/2021 Ziyauddin S/o Shri Mushtaq Ahmed, Aged About 62 Years, R/o Baksa Wale Ki Gali, Ward No. 30, Baran.
----Petitioner Versus
1. Rajasthan State Road Transport Corporation, Through (Downloaded on 22/10/2021 at 09:04:34 PM) (3 of 4) [CW-7570/2021] Chairman Cum Managing Director, Rajasthan State Road Transport Corporation, Chomu House, Pariwahan Marg, Jaipur.
2. The Chief Manager, Rajasthan State Road Transport Corporation, Baran Depot, Baran.
----Respondents For Petitioner(s) : Mr. Amit Jindal and Mr. Raj Kumar Goyal For Respondent(s) : Mr. Vinayak Joshi HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 22/10/2021 For the reasons stated in the applications No.1/2021, the same are allowed. The affidavits in reply are taken on record.
Learned counsels appearing for the respective parties submit that the controversy involved in the writ petitions wherein the petitioners have claimed retiral benefits and other allowances, stands squarely covered by a co-ordinate Bench judgment of this Court dated 17.09.2021 passed in case of Omprakash Mundel vs. Chairman and Managing Director & Ors., S.B. Civil Writ Petition No.11764/2021, and pray that these writ petitions may also be disposed of in the same terms as referred to below:-
"2. 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 Corporations 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 dues at the earliest.(Downloaded on 22/10/2021 at 09:04:34 PM)
(4 of 4) [CW-7570/2021] No order as to costs."
3. In view of above, this writ petition is also allowed in light of the judgment in case of Daulat Ram (supra) with the same directions, as quoted hereinbefore.
4. The above order shall be subject to following conditions:-
(i) While making the payment to the petitioner, respondent-Corporation shall take into account of the corresponding seniority (on the basis of date of retirement) of all the retired employees.
(ii) In case, the respondents find petitioner's case as emergent, payment may be made to him, out of the seniority in terms of the order dated 30.03.2017, passed by Jaipur Bench of this Court in SBCWP No.9127/2016.
(iii) The respondents may defer payment of interest of gratuity for the time being, as observed in the proceedings dated 17.01.2020 in SBCWP No.992/2018."
Taking into consideration the submissions made by the learned counsels for the respective parties, these writ petitions are disposed of in terms of order dated 17.09.2021 of this Court in case of Omprakash Mundel (supra) and it is directed that the aforesaid direction shall mutatis mutandis apply to these cases too.
These writ petitions are disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J MADAN/91-96 (Downloaded on 22/10/2021 at 09:04:34 PM) Powered by TCPDF (www.tcpdf.org)