The High Court of Rajasthan dismissed a second appeal filed by RSRTC challenging a lower court decree granting an employee entitlement to third scale benefits. The Court held there was no error of law or fact in the lower courts' decision.
Second appeal under Section 100 CPC dismissed maintaining the trial court decree granting third selection scale.
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 Second Appeal No. 89/2017
----Defendants
Versus
Kamal Singh S/o Shri Moti Ram, R/o C-34, Indira Colony, Bharatpur Raj. At Present As Traffic Inspector, Rajasthan State Road Transport Corporation, Lohagarh, Depot, Bharatpur Raj.
----Plaintiff
| For Appellant(s) | : | Mr. Shailendra Sharma on behalf of Mr. Alok Chaturvedi |
|---|---|---|
| For Respondent(s) | : | Mr. Raj Kumar Goyal |
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
18/01/2021
Challenge in the second appeal has been made by the appellants-defendants under Section 100 CPC by challenging the judgment and decree dated 25-10-2016 passed by the Court of Additional District Judge No.3, Jaipur Metropolitan Jaipur (for short the appellate Court) whereby the appellate Court while dismissing the regular appeal filed by the appellants-defendants maintained the judgment and decree dated 18.08.2011 passed by the Court of Civil Judge (Junior Division) and Metropolitan Magistrate (East) Jaipur Metropolitan filed for declaration. The learned trial Court
(2 of 2) [CSA-89/2017]
decided all the three issues in favour of the plaintiff and consequently decreed the plaintiff’s suit declaring him to be entitled for third selection scale on completion of 27 years of service counting his service from 11.06.1977. The appellate Court affirmed the judgment passed by the trial Court .
Learned counsel for the respondent submits that in an identical matter, National Lok Adalat has passed an award in favour of the retired employees of RSRTC and both the courts have passed the decree on similar grounds.
The finding recorded by both the Courts below are concurrent finding of fact and law. I find no illegality and error of law in the impugned judgment and decree therefore, the present second appeal is devoid of merit and is dismissed accordingly.
(GOVERDHAN BARDHAR),J
AARZOO ARORA /56
2 issues framed by the court
Whether the appellant-defendants were entitled to challenge the judgment declaring them entitled to third selection scale.
Whether the concurrent findings of fact and law by courts below warrant interference in the second appeal.
1 provisions across 1 enactments
Rajasthan State Road Transport Corporation
Kamal Singh
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
