Allowed

Moti Lal Sharma (Senior Citizen) S/O Shri Laxminarayan Sharma v. Rajasthan State Road Transport Corporation

Rajasthan HC8 Feb 2021CW/1526/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a retired employee regarding gratuity payment. Relying on a prior judgment, the Court held that payment on seniority basis is permissible and cannot be objected to, provided no specific order prevents it, and expressly barred contempt proceedings for lack of priority.

What did the court decide?

The petition is allowed on terms that the petitioner cannot claim for initiating contempt proceedings if payment is made on seniority basis.

Moti Lal Sharma (Senior Citizen) S/O Shri… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1526/2021

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Moti Lal Sharma (Senior Citizen) S/o Shri Laxminarayan Sharma, Aged About 65 Years, R/o Village Khandela, Post Pala, Tehsil Malakhera, District Alwar (Raj.)

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----Petitioner

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Versus

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

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Chief Manager, Rajasthan State Road Transport Corporation, Matsya Nagar Depot, District Alwar, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Rahul Ghiya For Respondent(s) : Ms. Devyani Rathore

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

08/02/2021

Issue notice.

Ms. Devyani Rathore, Advocate, appears for the respondent -

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RSRTC and accepts notice on behalf of them.

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Counsel for the petitioner submits that this matter stands covered by judgment dated 06.09.2019 passed by this Court in

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S.B. Civil Writ Petition No.8257/2016, Shyam Sunder

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Bansal Vs RSRTC & Anr .

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Counsel for the respondents submit that they gracefully and respectfully agreed with the judgment passed by this Court in Shyam Sunder Bansal (supra).

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(2 of 2)

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[CW-1526/2021]

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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.

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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.

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Accordingly, this petition is allowed in above terms.

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All pending applications shall also stand disposed of. No costs.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV /670/133

Moti Lal Sharma (Senior Citizen) S/O Shri Laxminarayan Sharma v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Moti Lal Sharma (Senior Citizen) S/O Shri Laxminarayan Sharma v. Rajasthan State Road Transport Corporation

Case brief

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What did the court decide?

What the court decided

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