This High Court allowed a writ petition for retired employee dues by relying on a prior judgment by this Court that mandated reimbursement of dues with interest.
The writ petition is allowed; the respondent Corporation is directed to reimburse dues and facilitate account settlement.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 3144/2018
Khalil Mohammed Son Of Shri Daud Mohammed, By Caste Musalman, Resident Of 22 Gali No. 2, Silawatwadi, Udaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Irfan Gori. For Respondent(s) : Mr. Suniel Purohit.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
14/12/2018
Issue notice.
A copy of the writ petition has been supplied to Mr. Suniel Purohit, learned counsel appearing for the respondentCorporation.
It is submitted by learned counsel for the parties that the dispute raised in the present writ petition has already been adjudicated by this Court led by Daulat Ram v. Chairman & Managing Director, RSRTC & Ors. : S.B. Civil Writ Petition No.9687/2015, decided on 1.10.2015 and, therefore, the present writ petition may also be disposed of in light of the said judgment.
This Court while deciding the case of Daulat Ram (supra) directed as under :-
(2 of 2)
[CW-3144/2018]
“In this background, these writ petitions deserves 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 be concerned officers to settle the accounts and facilitate the assessment of the dues at the earliest.
No order as to costs.”
In view of the above, the writ petition is also allowed in the light of judgment in the case of Daulat Ram (supra) with the same directions as quoted hereinbefore.
(ARUN BHANSALI),J
3-Sumit/-
1 issue framed by the court
Whether the writ petition should be disposed of relying on the precedent laid down in Daulat Ram v. Chairman & Managing Director, RSRTC & Ors.
Colour shows how this judgement treated each authority
Daulat Ram v. Chairman & Managing Director, RSRTC & Ors.Referred¶15
Daulat Ram v. Chairman & Managing Director, RSRTC & Ors.: S.B. Civil Writ Petition No.9687/2015
Khalil Mohammed Son Of Shri Daud Mohammed
Rajasthan State Road Transport Corporation
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
