Allowed

Ram Singh Medatiya v. R S R T C Jaipur

Rajasthan HC30 Jan 2019CW/6717/2008

Case brief

AI extract

What is this about?

In this limited writ petition, the petitioner sought fixation of salary under revised pay scales. The High Court held that the petitioner, being a regular employee reinstated following a dismissed labour court challenge, is entitled to revised pay fixations, increments, and selection scale benefits. The court directed the respondent to complete the exercise and release arrears within four months.

What did the court decide?

Directed to fix pay, grant increments and selection scale benefits, and release arrears within four months.

Ram Singh Medatiya Vs R S R T C Jaipur — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 6717/2008

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Ram Singh Medatiya, Son Of Shri Kishan Singh Medatiya, Near Sub Post Office, Laxmi Nagar, Paota B Road, Jodhpur.

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----Petitioner

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Versus

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The Rajasthan State Road Transport Corporation, Jaipur Through Its Chairman-Cum-Managing Director.

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----Respondent For Petitioner(s) : Mr. Amit Kumar Dikshit on behalf of Mr. Prahlad Singh, Adv. For Respondent(s) : Mr. OP Sheoran, Adv.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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30/01/2019

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The limited prayer made by the petitioner is to fix his salary under the revised pay scales from time to time.

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Admittedly the petitioner after having been reinstated from the labour Court joined back on 08.12.1994. The labour Court award was challenged before this Court but the same has also been dismissed and his continuity from 13.02.1990 has to be maintained in view of the rejection of the application under Section 33(2)(b) of the Industrial Disputes Act, 1947. Thus, petitioner would be entitled to his revised pay fixations under the revised pay scales from time to time and also entitled to the increment available under the said pay scales.

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(2 of 2)

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[CW-6717/2008]

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The respondents have stated that they have fixed the petitioner on the minimum of the pay scale of 3050-4050/- which was the pay scale under the Pay Scales Rules of 1996. Since the petitioner was a regular employee he would be entitled to be given increments under the said pay scales. Subsequently revised pay scales have also come into force and the respondents are thus, directed to make pay fixations accordingly.

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The entire exercise shall be now completed within a period of four months and the arrears shall be released to the petitioner accordingly.

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The benefit of grant of selection scale as available to the petitioner shall also be made and fixation be accordingly made.

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The writ petition is accordingly allowed.

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(SANJEEV PRAKASH SHARMA),J

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N.Gandhi/122

Ram Singh Medatiya v. R S R T C Jaipur

Case brief

What is this about?

What did the court decide?

Ram Singh Medatiya v. R S R T C Jaipur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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