Allowed

Rekha Raj Choudhary v. R S R T C and Ors.

Rajasthan HC29 Aug 2023CW/13862/2010

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a writ petition concerning retirement dues by disposing of it in light of a previous judgment held by the same bench, directing the respondent corporation to reimburse retired employees their dues with interest.

What did the court decide?

Directing the respondent to reimburse retired employees' dues including benefits and interest at 6% p.a. within six months.

Rekha Raj Choudhary Vs R S R T C and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13862/2010

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Rekha Raj Choudhary son of Shri Ganpat Lal Ji, aged around 63 years, resident of village Pabu Than P.O. Lamana Tehsil Pisangan, District Ajmer.

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation, Parivahan Marg, C-Scheme, Jaipur through Chief manager-cum-Director.

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Chief Manager Rajasthan State Road Transport Corporation Beawar Depot, District Ajmer.

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Manager (Traffic) Rajasthan State Road Transport Corporation Beawar Depot, District Ajmer.

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For Petitioner(s) : Mr. Akhil Simlote For Respondent(s) : Mr. R.K. Paliwal for Mr. R.A. Katta

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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29/08/2023

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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 N0.9687/2015,decided on 01.10.2015) and, therefore, the present writ petition may also be disposed of in light of the said judgment. 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

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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:(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 dated17.01.2020 in SBWCP No.992/2018.

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(ANOOP KUMAR DHAND),J

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Simple Kurnawat I130

Rekha Raj Choudhary v. R S R T C and Ors.

Case brief

What is this about?

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Rekha Raj Choudhary v. R S R T C and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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