Allowed

Ram Bharose Lal Sharma S/O Shri Lal Chand Sharma v. Rajasthan State Road Transport Corporation

Rajasthan HC19 Aug 2019CW/8789/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking a direction for release of interest on gratuity. Relying on coordinate bench decisions ordering gratuity interest payments due to delay, the court directed the respondent corporation to pay the due interest within two months.

What did the court decide?

Directed respondents to pay due interest on gratuity to the petitioner within two months from the date of receipt of the order copy.

Ram Bharose Lal Sharma S/O Shri Lal Chand… — 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 Writ Petition No. 8789/2019

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Ram Bharose Lal Sharma S/o Shri Lal Chand Sharma, Aged About 65 Years, R/o M-42-A, Shiv Path, Near Ram Nagar Metro Station, Ram Nagar, Sodala, Jaipur (Raj.).

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation, Through Managing Director, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur, Rajasthan.

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Chief Manager, Rajasthan State Road Transport Corporation, Vidyadhar Nagar Depot, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr.Rahul Ghiya For Respondent(s) : Mr.Gaurav Sharma Saraswat

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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19/08/2019

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This writ petition has been filed by the petitioner to seek a direction against the respondents to release the interest amount on the gratuity amount @ of 6% per annum from the date of accrual till the date of realisation.

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Learned counsel for both the parties submit that similar controversy has already been decided by this Court in SB Civil Writ Petition No.12795/2019 (Bajrang Lal Trivedi Vs. Rajasthan State Road Transport Corporation & Anr.) vide order dated 2^nd August, 2019. The order passed by this Court in the case of Bajrang Lal Trivedi (supra) is reproduced hereunder for ready reference :

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(2 of 3)

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[CW-8789/2019]

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“This writ petition has been filed by the petitioner to seek a direction against the respondents to release the interest amount on the gratuity amount @ of 6% per annum from the date of accrual till the date of realisation.

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Learned counsel submitted that after rendering satisfactory services, the petitioner attained the age of superannuation and became entitled for gratuity and accordingly, the gratuity was required to be paid within time.

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Learned counsel submitted that though gratuity has been paid to the petitioner but on delayed payment, the respondents have not paid interest and as such, the petitioner is deprived from his valuable rights to receive interest on the gratuity.

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Learned counsel further submitted that the Coordinate Bench of this Court in SB Civil Writ Petition No.8790/2019 (Girraj Prasad Sharma Vs. Rajasthan State Road Transport Corporation & Anr.) decided on 22^nd July, 2019 has disposed of the writ petition by directing the Corporation to pay due interest on the gratuity amount within a period of two months after receipt of copy of the order.

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Learned counsel for the respondents Mr.Vinayak Joshi submits that the Corporation has already paid gratuity to the employee concerned.

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Learned counsel submitted that due to financial crisis in the RSRTC, due payment of interest on gratuity could not be made.

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I have considered the submissions made by learned counsel for the parties.

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This Court finds that the Coordinate Bench of this Court has already disposed of the similar matter and the directions have

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(3 of 3)

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[CW-8789/2019]

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been given to pay due interest on the gratuity.

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In view of the above, the present writ petition also stands allowed with the direction to the respondents to pay due interest on gratuity to the petitioner within a period of two months from the date of receipt of copy of this order.”

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In view of the aforesaid, the present writ petition is also disposed of with the direction to the respondent – Corporation to pay due interest on gratuity to the petitioner within a period of two months from the date of receipt of copy of this order.

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(ASHOK KUMAR GAUR),J

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Preeti Asopa /81/25

Ram Bharose Lal Sharma S/O Shri Lal Chand Sharma v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Ram Bharose Lal Sharma S/O Shri Lal Chand Sharma v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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