Petition challenging retirement benefits was disposed of by following a coordinate bench judgment in Mohan Lal Sharma () which ruled on similar claims of interest on gratuity and payment mode.
Petition disposed of in view of the judgment in Mohan Lal Sharma.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1630/2020
Ibrahim Kha (Senior Citizen) S/o Shri Kayim Kha, Aged About 63 Years, R/o Nawabganj, Nimbaheda, Indra Market, District Chittorgarh, (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rahul Ghiya For Respondent(s) : Ms. Devyani Rathore
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
24/07/2020
Sharma Vs. Rajasthan State Road Transport Corporation
and another (S.B. Civil Writ Petition No.20519/2019) wherein on 10.12.2019 it has been held as under:-
“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
(2 of 2)
[CW-1630/2020]
Petition No.8257/2016, Shyam Sunder Bansal Vs RSRTC & Anr.,
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 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 six 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.”
(INDERJEET SINGH),J
CHETNA BEHRANI /19
1 issue framed by the court
Whether the present writ petition needs to be decided independently given the prior ruling in Mohan Lal Sharma
Colour shows how this judgement treated each authority
Mohan Lal Sharma Vs. Rajasthan State Road Transport CorporationFollowed¶16
S.B. Civil Writ Petition No.20519/2019, Mohan Lal Sharma Vs. Rajasthan State Road Transport Corporation and another
Shyam Sunder Bansal Vs RSRTCReferred¶19
S.B. Civil Writ Petition No.8257/2016, Shyam Sunder Bansal Vs RSRTC & Anr.
Ibrahim Kha
Rajasthan State Road Transport Corporation
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
