Disposed

Smt. Radha v. Rsrtc and Ors.

Rajasthan HC5 Jul 2022CW/682/2018

Case brief

AI extract

What is this about?

This is a single-paragraph order in a writ petition concerning overdue overtime and night allowances. With neither party present, the court distinguished the limited scope from a prior case involving all retired employees and directed the petitioner to file a representation to initiate the payment process.

What did the court decide?

Direction to the petitioner to file a representation for due overtime and night allowance; if found due, payment to be made within four weeks.

Smt. Radha Vs Rsrtc and Ors. — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 682/2018

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Smt. Radha W/o Late Shri Lumba Ram, B/c Meghwal, Resident of Village -Sanvarij, Tehsil Phalodi, District Jodhpur Raj.

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation through its Chairman, Parivahan Marg, Jaipur Raj.

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The Executive Director Admin., State Road Transport Corporation, Parivahan Marg, Headquarters, Jaipur Raj.

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The Chief Manager, State Road Transport Corporation, Sirohi Depot., Sirohi Raj.

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----Respondents

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For Petitioner(s) : None present For Respondent(s) : Mr. Sunil Purohit

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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05/07/2022

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When the matter was listed on 04.07.2022, none appeared for the petitioner and today too, none has appeared.

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A perusal of the petition shows that the controversy pertains only to the payment of due amount towards the overtime allowance and night allowance.

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Counsel for the respondents submitted that the issue pertaining to the due amounts of all the retired employees under all heads including retiral benefits, overtime, night allowance, earned leave etc. have been considered in the matter of Daulat

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Ram Vs. Chairman and Managing Director, RSRTC & Ors.

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(2 of 2)

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[CW-682/2018]

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(S.B. Civil Writ Petition No.9687/2015, decided on

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01.10.2015).

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

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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. No order as to costs.”

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In the present petition, the issue involved is only regarding the overtime and night allowance, therefore, it would be appropriate to dispose of the writ petition with a direction to the petitioner to file a representation regarding his due amount to the respondent department within a period of two weeks and the respondent department, after considering the same, if reaches to a conclusion that the said amount is payable and due, the same would be paid to the petitioner within a period of four weeks thereafter.

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All the pending applications also stand disposed of.

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(REKHA BORANA),J

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101-AnilKC/-

Smt. Radha v. Rsrtc and Ors.

Case brief

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Smt. Radha v. Rsrtc and Ors.

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