Disposed

Nirmal Puri Goswami v. the Rajasthan State Road Transport Corporation

Rajasthan HC15 Dec 2023CW/19109/2023

Case brief

AI extract

What is this about?

Single Judge bench disposed of a writ petition concerning deferment of the second selection scale by the RSRTC. Relying on the settled law of Tara Chand, the court directed the respondents to decide a pending representation within three months if filed by the petitioner, without immediately granting the claimed relief.

What did the court decide?

Opportunity to file a representation; direction to the respondents to decide the same within three months of receipt if filed.

Nirmal Puri Goswami Vs the Rajasthan State… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:43902]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 19109/2023

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Nirmal Puri Goswami S/o Prabhu Puri Goswami, Aged About 50 Years, Ladani, Udaipur District Udaipur, Rajasthan.

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----Petitioner

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Versus

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The Rajasthan State Road Transport Corporation, Chomu House, Parivahan Marg, Jaipur, Through Its Chairman And Managing Director.

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The Executive Director (Administration), Rajasthan State Road Transport Corporation, Parivahan Marg, Jaipur.

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The Chief Manager Finance, Rajasthan State Road Transport Corporation, Udaipur

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The Chief Manager (Administration), Rajasthan State Road Transport Corporation, Udaipur Depot District Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. Suniel Purohit

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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15/12/2023

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Heard learned counsel for the parties.

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Learned counsel for the parties jointly 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:-

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“Apparently, by effect of the above circular, benefit of second selection scale falling due to the petitioner could

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[2023:RJ-JD:43902]

[CW-19109/2023]

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.

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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.

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The writ petition is allowed in these terms.

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No order as to costs.”

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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.

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In this view of the matter, the learned counsel for the petitioner submit 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).

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In view of the limited prayer made by the learned counsel for the petitioner, the present writ petition is disposed of with a

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[2023:RJ-JD:43902]

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[CW-19109/2023]

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direction that in the event of filing a representation by the petitioner, the respondent shall decided the same within a period of three months from the date of its receipt, keeping in mind the law laid down by this Court in the case of Tara Chand (supra).

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

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All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J

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20-Zeeshan

Nirmal Puri Goswami v. the Rajasthan State Road Transport Corporation

Case brief

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Nirmal Puri Goswami v. the Rajasthan State Road Transport Corporation

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