Dismissed

R S R T C and Ors. v. Prakash Chand Kataria

Rajasthan HC28 Nov 2023CSA/24/2018

Case brief

AI extract

What is this about?

In a second appeal regarding service matters, the High Court dismissed the appeal filed by the Rajasthan State Road Transport Corporation against the lower court's decree confirming the respondent's entitlement to specific pay scales and selection scales under State Government circulars, finding no merit. The Court held that since there was no evidence against entitlement and other employees were

What did the court decide?

The second appeal was dismissed; the judgment and decree of the trial court and first appellate court were affirmed.

R S R T C and Ors. Vs Prakash Chand Kataria — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:36062]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 24/2018

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Rajasthan State Road Transport Corporation, Through Chairman And Managing Director, Parivahan Marg, Jaipur.

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Chief Manager, Rajasthan State Road Transport Corporation, Phalna Depot

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Chief Manager, Rajasthan State Road Transport Corporation, Anoopgarh Depot

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----Appellants

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Versus

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Prakash Chand Kataria S/o Shri Kundan Lal Kataria, B/c Kataria, R/o House No. 135, Infront Of Marudhar School, Mangal Vihar, Poultry Farm, Agra Road Jaipur At Present Assistant Statistical Officer, Rajasthan State Road Transport Corporation, Udaipur Zone Udaipur

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----Respondent

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For Appellant(s) : Mr. R. M. Bairwa, Adv. For Respondent(s) : Mr. Rahul Ghiya, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment

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DATE OF JUDGMENT 28/11/2023

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This second appeal has been filed by the appellantsdefendants (for short ‘the defendants’) under Section 100 CPC against the judgment and decree dated 14.11.2017 passed by Additional District Judge No.7, Jaipur Metropolitan, Jaipur (for short ‘the appellate court’) in Civil Regular Appeal No.16/2012 (CIS No.221/2014), whereby the appeal filed by the defendants has been dismissed and affirmed judgment and decree dated 29.05.2012 passed by Additional Civil Judge (Junior Division) No.2, Jaipur Metropolitan, Jaipur (for short ‘the trial court’) in Civil Original Suit No.173/2010, whereby the suit for declaration filed

[2023:RJ-JP:36062]

[CSA-24/2018]

(2 of 3)

by the respondent-plaintiff (for short ‘the plaintiff’) has been partially decreed.

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Learned counsel for the defendants submits that the trial court as well as the appellate court had committed error in partially decreeing the suit filed by the plaintiff and dismissing the appeal filed by the defendants. Learned counsel for the defendants also submits that the plaintiff was appointed on the post of Computor on 06.12.1977 and he was allowed first selection scale on completion of 9 years of service on 20.10.1993 and on completion of 18 years of service, he was granted second selection scale on 11.09.1997 and after that, on completion of 27 years of service, he was granted third selection scale in the pay scale of Rs. 6500-200-10500 but plaintiff wrongly claimed that he was entitled to get second selection scale of Rs. 6500-200-10500 on completion of 18 years of service of the promotional post of Statistical Officer and pay scale of Rs.8000-275-13500 on completion of 27 years of service of the next promotional post of Assistant General Manager. Learned counsel for the defendants also submits that as per the service conditions, plaintiff was not entitled to these pay scales but learned court below wrongly decreed the suit. So, judgment and decree of the trial court as well as appellate court be set aside.

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Learned counsel for the plaintiff has opposed the arguments advanced by the learned counsel for the defendants and submitted that the plaintiff was granted first selection scale on 20.10.1993. At that time, he was running in the pay scale of Rs.5000/-. On completion of 18 years of service, he was granted second selection scale in the pay scale of Rs.5500-9000 instead of Rs.6500-200-

[2023:RJ-JP:36062]

[CSA-24/2018]

(3 of 3)

Learned counsel for the plaintiff also submitted that after completion of 27 years of service, plaintiff was entitled to get pay scale of Rs.8000-275-13500 of the next promotional post of Assistant General Manager. So, the trial court rightly decreed the suit filed by the plaintiff. Learned counsel for the plaintiff also submitted that defendants’ witness DW1-Jagdish Jain deliberately gave evasive reply in the cross-examination. Defendants corporation had adopted the circulars dated 27.04.1993 and 07.05.1998 issued by the State Government. So, present appeal be dismissed.

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I have considered the arguments advanced by learned counsel for the defendants as well as learned counsel for the plaintiff.

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It is an admitted position that there is no evidence that plaintiff was not entitled to get second and third selection scales as per the circulars dated 27.04.1993 and 07.05.1998 issued by the State Government. Defendants corporation had given promotion and selection scale as per the said circulars to other persons. So, in my considered opinion, the trial court as well as first appellate court had not committed any error in decreeing the suit filed by the plaintiff and dismissing the appeal.

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Therefore, no substantial question of law, as suggested by learned counsel for the defendants in the memo of appeal does arise. So, present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

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Pending application(s), if any, stand(s) disposed of.

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(NARENDRA SINGH DHADDHA),J

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Jatin /44

R S R T C and Ors. v. Prakash Chand Kataria

Case brief

What is this about?

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R S R T C and Ors. v. Prakash Chand Kataria

Case brief

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