Allowed

Abdul Wahid v. Rajasthan State Road Transport Corporation

Rajasthan HC21 Sept 2023CW/11851/2023

Case brief

AI extract

What is this about?

In a writ petition regarding service benefits, the single judge allowed the petition by directing the respondent to decide the petitioner's representation within four weeks, applying the principles from Tara Chand regarding second selection scale deferment.

What did the court decide?

Petitioner permitted to file a representation; respondent to decide within four weeks.

Abdul Wahid Vs Rajasthan State Road… — Pension and Retirement Benefits | Rajasthan HC (2023)

¶1

[2023:RJ-JD:31153]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 11851/2023

¶4

Abdul Wahid S/o Shri Mohd. Hanif, Aged About 53 Years, R/o.Mirchi Gali, Bada Bazar, Jhalawar.

¶5

----Petitioner

¶6

Versus

¶7

Rajasthan State Road Transport Corporation, Through Its Chairman, Chaumu House, Parivahan Marg, Near Civil Lines, Jaipur, Rajasthan 302001

¶8

Managing Director, Rajasthan State Road Transport Corporation, Chaumu House, Parivahan Marg, Near Civil Lines, Rajasthan - 302001

¶9

Depot Manager, Rajasthan State Road Transport Corporation, Depot Manager, Jhalawar.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. D.S. Thind For Respondent(s) :

¶12

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

¶13

21/09/2023

¶14

Heard learned counsel for the petitioner.

¶15

Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by a judgment of this Court rendered in S.B. Civil Writ Petition No.8810/2014 “Tara Chand Vs. Rajasthan State Road Transport Corporation & Anr.” decided on 25.01.2017 in the following terms:-

¶16

“Apparently, by effect of the above circular, benefit of second selection scale falling due to the petitioner could only have been deferred by two years and not more. In this background, the decision of the respondent Corporation to defer second selection scale admissible to the petitioner from 6.10.2008 to 6.10.2019 is totally unjustified, arbitrary and contrary to the circulars adopted by the Corporation.

[2023:RJ-JD:31153]

[CW-11851/2023]

(2 of 3)

The impugned action of the respondents is thus quashed and struck down. The respondents shall extend the benefit of second selection scale to the petitioner by making a deferment of two years from the date of his actual entitlement. Monetary benefits flowing from the above direction shall be paid to the petitioner within a period of six months from today with interest @ 6% per annum from the date of accrual till the date of actual payment. In case, the payment is delayed beyond three months, the interest shall stand enhanced to 9% per annum and shall be recoverable from the official/s responsible for causing the delay if any.

¶21

The writ petition is allowed in these terms.

¶22

No order as to costs.”

¶23

Learned counsel further submits that the order dated 25.01.2017 was affirmed by the Division Bench in D.B. Civil Special Appeal (Writ) No.524/2018 decided on 02.12.2021. Against the order dated 02.12.2021 passed by the Division Bench of this Court, a Special Leave Petition No.10330/2022 was preferred before Hon’ble The Supreme Court and the same was also dismissed vide judgment dated 13.07.2022.

¶24

In this view of the matter, the learned counsel for the petitioner submits that the petitioner may be permitted to file a representation before the respondents, who shall consider the same in light of the judgment rendered by this Court in the case of Tara Chand (supra).

¶25

In view of the limited prayer made by the learned counsel for the petitioner, the present writ petition is disposed of with a direction that in the event of filing a representation by the petitioner, the respondent shall decide the same within a period of four weeks from the date of its receipt, keeping in mind the law laid down by this Court in the case of Tara Chand (supra).

¶26

The order has been passed based on the submissions made in the petition, the respondents would be free to examine the

¶27

(3 of 3) [CW-11851/2023]

¶28

[2023:RJ-JD:31153]

¶29

veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioner would be entitled to the relief.

¶30

(VINIT KUMAR MATHUR),J

¶31

176-Shahenshah/-

Abdul Wahid v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Abdul Wahid v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madhu Gaur Vs State of Rajasthan

Bhavesh @ Bunty Vs State of Rajasthan

Ashok Kumar Vyas Vs State and Ors.

Priyanka Vs State of Rajasthan

Pankaj Katara Vs the State of Rajasthan

Lokesh Kumar Jat Vs State of Rajasthan