Allowed

Ogar Ram v. Raj. State Road Transport Cor.

Rajasthan HC18 Nov 2021CW/14357/2021

Case brief

AI extract

What is this about?

The petitioner challenged his retirement dues. The court relied on a prior judgment regarding similar retirement dues claims by RSRTC employees. It allowed the writ petition and directed the respondents to reimburse dues and interest within six months subject to conditions concerning seniority and specific deferments.

What did the court decide?

Direction to reimburse entire dues of retired employees under all heads including retiral benefits, overtime, night allowance, earned leave, and interest @ 6% p.a. within six months subject to specifi

Ogar Ram Vs Raj. State Road Transport Cor. — Pension and Retirement Benefits | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 14357/2021

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Ogar Ram S/o Ratan Lal Ji, Aged About 61 Years, R/o Gram Post Nimbol Viya Jaitaran, District Pali (Raj.).

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----Petitioner

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Versus

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Raj. State Road Transport Cor., Banswara, Through Chief Manager, Banswara Depot, Rajasthan.

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

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Rajasthan State Road Transport Corporation, Parivahan Marg, Jaipur Through Its Managing Director Finance, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. A.K. Dadhich. For Respondent(s) : Mr. Suniel Purohit.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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18/11/2021

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A copy of the writ petition has been supplied to Mr. Suniel Purohit, learned counsel appearing for the respondentCorporation.

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It is submitted by learned counsel for the parties that the dispute raised in present writ petition has already been adjudicated by this Court in Daulat Ram Vs. Chairman & Managing Director, RSRTC & Ors. (S.B. Civil Writ Petition No.9687/2015, decided on 01.10.2015) and, therefore, the present writ petition may also be disposed of in light of the said judgment.

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This Court, while deciding the case of Daulat Ram(supra), directed as under:-

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(2 of 2)

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[CW-14357/2021]

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“In this background, these writ petitions deserve to be and are hereby allowed. The respondent Corporations 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 the concerned officers to settle the accounts and facilitate the assessment of dues at the earliest.

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No order as to costs.”

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In view of above, this writ petition is also allowed in light of the judgment in case of Daulat Ram (supra) with the same directions, as quoted hereinbefore.

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The above order shall be subject to following conditions:-

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(i) While making the payment to the petitioner, respondentCorporation shall take into account the corresponding seniority (on the basis of date of retirement) of all the retired employees.

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(ii) In case, the respondents find petitioner’s case as emergent, payment may be made to him, out of the seniority in terms of the order dated 30.03.2017, passed by Jaipur Bench of this Court in SBCWP No.9127/2016.

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(iii) The respondents may defer payment of interest of gratuity for the time being, as observed in the proceedings dated 17.01.2020 in SBWCP No.992/2018.

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The stay application also stands disposed of.

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(ARUN BHANSALI),J

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49-Rmathur/-

Ogar Ram v. Raj. State Road Transport Cor.

Case brief

What is this about?

What did the court decide?

Ogar Ram v. Raj. State Road Transport Cor.

Case brief

What is this about?

What did the court decide?

What the court decided

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