Divided bench disposed of numerous service matters concerning retired employees of RSRTC. The court rejected the Corporation's claim of financial crisis as a bar to liability and directed the payment of full dues with interest within six months.
Direction to pay outstanding dues with 6% p.a. interest within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
(1) S.B. Civil Writ Petition No.14748/2014
Prahlad Singh
Versus
The Managing Director, Rajasthan State Road Transport Corporation & Ors.
(2) S.B. Civil Writ Petition No.5182/2014
Ramji Lal Sharma
Versus
Managing Director-cum-Chairman & Ors.
(3) S.B. Civil Writ Petition No.13995/2014
Dinu Kha
Versus
The Managing Director, Rajasthan State Road Transport Corporation & Ors.
Babu Lal Gaur
Versus
The Managing Director, Rajasthan State Road Transport Corporation & Ors.
(5) S.B. Civil Writ Petition No.2140/2015
Ramratan Sharma
Versus
Rajasthan State Road Transport Corporation & Anr.
(6) S.B. Civil Writ Petition No.2626/2015
Arjun Dutt Sharma
Versus
Rajasthan State Road Transport Corporation & Anr.
(7) S.B. Civil Writ Petition No.2627/2015
Om Prakash Gupta
Versus
Rajasthan State Road Transport Corporation & Anr.
(8) S.B. Civil Writ Petition No.2842/2015
Mahesh Chand Goyal
Versus
Rajasthan State Road Transport Corporation & Anr.
(9) S.B. Civil Writ Petition No.6364/2015
Rajendra Singh Parihar
Versus
Rajasthan State Road Transport Corporation & Ors.
2
(10) S.B. Civil Writ Petition No.6982/2015
Trilok Krishna Mishra
Versus
Rajasthan State Road Transport Corporation & Ors.
(11) S.B. Civil Writ Petition No.6983/2015
Karam Veer Singh
Versus
Rajasthan State Road Transport Corporation & Ors. (12) S.B. Civil Writ Petition No.7167/2015 Ramesh Chand Gangawat
Versus
Rajasthan State Road Transport Corporation & Anr.
(13) S.B. Civil Writ Petition No.7951/2015
Roojwelt Rakesh Hijkal
Versus
Rajasthan State Road Transport Corporation & Anr.
(14) S.B. Civil Writ Petition No.7952/2015
Sohan Singh
Versus
The Rajasthan State Road Transport Corporation & Anr.
(15) S.B. Civil Writ Petition No.7953/2015
Satpal Singh
Versus
The Rajasthan State Road Transport Corporation & Anr. (16) S.B. Civil Writ Petition No.7954/2015
Mahendra Kumar Devmurari
Versus
The Rajasthan State Road Transport Corporation & Anr.
(17) S.B. Civil Writ Petition No.7955/2015
Umesh Kumar Sharma
Versus
The Rajasthan State Road Transport Corporation & Anr.
(18) S.B. Civil Writ Petition No.7956/2015
Sh. Kailash Chand
Versus
The Rajasthan State Road Transport Corporation & Anr.
3
(19) S.B. Civil Writ Petition No.7957/2015
Veerendra Singh
Versus
The Rajasthan State Road Transport Corporation & Anr. (20) S.B. Civil Writ Petition No.7958/2015
Roop Chand Sharma
Versus
The Rajasthan State Road Transport Corporation & Anr. (21) S.B. Civil Writ Petition No.7959/2015 Kamal Kant Mishra
Versus
The Rajasthan State Road Transport Corporation & Anr. (22) S.B. Civil Writ Petition No.7960/2015
Rajendra Kumar Saxena
Versus
The Rajasthan State Road Transport Corporation & Anr. (23) S.B. Civil Writ Petition No.7961/2015
Samarjeet Singh
Versus
The Rajasthan State Road Transport Corporation & Anr.
(24) S.B. Civil Writ Petition No.7962/2015
Shri Keral Jan
Versus
The Rajasthan State Road Transport Corporation & Anr. (25) S.B. Civil Writ Petition No.7964/2015
Mangla Ram Jatav
Versus
The Rajasthan State Road Transport Corporation & Ors.
(26) S.B. Civil Writ Petition No.9114/2015
Rajasthan Roadways Seva Nivarat Karamchari Kalyan Samiti
Versus
State of Rajasthan & Ors.
(27) S.B. Civil Writ Petition No.9194/2015
Om Prakash Verma
Versus
The Rajasthan State Road Transport Corporation & Anr.
4
(28) S.B. Civil Writ Petition No.9269/2015
Shiv Onkar Sharma
Versus
The Rajasthan State Road Transport Corporation & Ors. (29) S.B. Civil Writ Petition No.10565/2015
Inder Singh Chauhan Versus RSRTC & Ors. (30) S.B. Civil Writ Petition No.10817/2015
Mohd. Anees Khan
Versus
Rajasthan State Road Transport Corporation & Ors.
(31) S.B. Civil Writ Petition No.11320/2015
Mahendra Singh Kachhawa & Anr.
Versus
The Rajasthan State Road Transport Corporation & Anr.
Narbada Shankar Srimali
Versus
The Chairman Cum Managing Director, Rajasthan State Road Transport Corporation &
Ors.
Lajja Shankar Shrangi
Versus
The Chairman Cum Managing Director, Rajasthan State Road Transport Corporation &
Ors.
(34) S.B. Civil Writ Petition No.297/2013
Radhey Shyam Teli
Versus
The Rajasthan State Road Transport Corporation & Anr.
(35) S.B. Civil Writ Petition No.12135/2014
Nav Ratan Mal Sharma & Anr.
Versus
The Rajasthan State Road Transport Corporation
Tejpal Singh Choudhary
Versus
State of Rajasthan & Ors.
5
(37) S.B. Civil Writ Petition No.9148/2015
Dilip Kumar Jain
Versus
State of Rajasthan & Ors.
(38) S.B. Civil Writ Petition No.14006/2015
Rajasthan State Road Transport Corporation & Ors.
Versus
Rajasthan State Road Transport Corporation & Ors.
Sita Ram Sharma
Versus
The Chairman Cum Managing Director, Rajasthan State Road Transport Corporation &
Ors.
DATE OF ORDER : 28/09/2015
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Sandeep Bhagwati, Mr. Amit Jindal, Mr. Abhi Goyal, Mr.Govind Upadhayay, Mr. Shribhan Gurjar, Mr. Vinodi Lal Mathur, Mr.Sunil Kumar Singodiya, Mr. Iliyas Khan for Mr. Tanveer Ahmed, Mr.Vinod Goyal, Mr. R.B. Sharma, Mr. Kailash Choudhary, Mr.Sandeep Garssa, for petitioners Mr. R.N. Mathur, Sr. Adv. with ] Mr. Vinayak Joshi ] for respondents Mr. Alok Chaturvedi ] ***
These bunch of writ petitions involve common controversy
thus have been heard and decided by this judgment.
The petitiones are those who retired from services of the Rajasthan State Road Transport Corporation (in short “the Corporation” ) but have not been extended retiral and other benefits,
6
which include overtime, night allowance, earned leave, etc. It is due to financial crisis in the Corporation. It is stated by the counsel appearing for the Corporation that despite making efforts by the Corporation, they could not get the fund so as to make due payments to the petitioners and others who are entitled for it. The corporation has given cognizance to the problem and in that course, could find out as to how much amount is payable against different source, which include overtime arreas, pay fixation and other related sources. A copy of the letter dated 16th January, 2015 was also referred to show that efforts have been made by the Corporation even to seek permission to sale a chunk of land to secure amount for its onward payments to the petitioners. In view of above, the Corporation is alive of the situation and their obligation for the payment, but they were unable to pay entire due amount.
It is true that petitioners are entitled to the due benefit of pension and gratuity apart from all the benefits and for the delayed payment even reasonable interest. The prayer made by the petitioners has not been opposed by the Corporation as such, rather Shri R.N. Mathur, Senior Advocate sought time on the last date to seek instruction and after pursuing the corporation, it is given out that within a period of six months, the due amount would be paid to the petitioners with interest.
Looking to the facts aforesaid, all these writ petitions are disposed of with the direction to the Corporation to make payment of due amount to the petitioners within a period of six months from
7
today. It would be along with interest @6% p.a.
[M.N.BHANDARI], J.
FRBOHRA Certificate: “All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” FATEH RAJ BOHRA, Sr. P.A.
2 issues framed by the court
Whether writ petitions seeking payment of outstanding pension and retirement benefits against financial constraints can be disposed of by directing payment within a fixed time.
Whether the Corporation can be directed to pay due benefits including interest despite its inability to secure funds immediately.
Various Retired Employees
Rajasthan State Road Transport Corporation
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
