Rajasthan High Court - Jaipur
Bhanvarlal Chodhry S/O Pratap Ramji vs Rajasthan State Road Transport ... on 19 December, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.21608/2019
Bhanvarlal Chodhry S/o Pratap Ramji, Aged About 63 Years, By
Caste Jat, R/o 310-B, Udyog Nagar, Niwaru Road, Jhotwara,
Jaipur (Raj.)
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through Its
Chairman Cum Managing Director, Head Office, Jaipur.
2. Executive Director (Administration), Rsrtc, Jaipur.
3. Financial Adviser And Chief Pension And Gratuity Officer,
Rsrtc, Head Officer, Jaipur.
----Respondents
For Petitioner(s) : Mr.L.M. Bhardwaj. For Respondent(s) : Ms.Devyani Rathore for RSRTC.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 19/12/2019 Ms.Devyani Rathore, Advocate, present in the court, accepts notice on behalf of the respondent-RSRTC.
Counsel for the petitioner submits that this matter stands covered by judgment dated 06.09.2019 passed by this court in S.B. Civil Writ Petition No.8257/2016, Shyam Sunder Bansal Versus RSRTC & Another.
Counsel for the respondents submit that they gracefully and respectfully agreed with the judgment passed by this court in Shyam Sunder Bansal (supra).
As noted above, it is submitted that the interest on gratuity which is being released as per directions within two months, was (Downloaded on 07/06/2021 at 08:10:48 AM) (2 of 2) [CW-21608/2019] allowed to be paid on seniority basis to its employees. This court has in Shyam Sunder Bansal (supra) held that the RSRTC would release the retiral benefits and interest on gratuity within period of two months and so far as other claims of retired employees relating to payment of overtime gazetted holidays, weekly rests are concerned, RSRTC would conduct audit in this regard and as per the audit report if any amount is found to be payable, the same shall also be expeditiously released preferably within a period of 6 months. The mode and method of payment has to be for all employees who have attained superannuation and if in this regard a decision is taken by the RSRTC to release it on seniority basis i.e. those who have retired earlier, and thereafter to release for those who have retired later on, the same cannot be in any manner objected by this court. However, this would not in any manner impede any person from approaching this court for passing of an order.
It is made clear that if RSRTC takes such a decision, the petitioner who have approached this court would not have any claim for initiating contempt proceedings that they were not paid prior to those who have retired before them.
Accordingly, this petition is allowed in above terms.
(SANJEEV PRAKASH SHARMA),J Karan Bhutani /531/73 (Downloaded on 07/06/2021 at 08:10:48 AM) Powered by TCPDF (www.tcpdf.org)