Disposed

Shyam Lal Gupta v. R S R T C and Anr.

Rajasthan HC10 Aug 2023CW/3652/2015

Case brief

AI extract

What is this about?

The Rajasthan High Court Bench at Jaipur disposed of S.B. Civil Writ Petition No. 3652/2015 following its decision in an earlier related case (Daulat Ram). The court issued orders to reimburse retired employees' dues and granted liberty to submit representations, subject to specific conditions regarding payment priorities and interest deferment.

What did the court decide?

The writ petition was disposed of in light of directions in Daulat Ram; Corporation directed to reimburse dues with interest subject to conditions.

Shyam Lal Gupta Vs R S R T C and Anr. — Public Procurement and Tenders | 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. 3652/2015

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Shyam Lal Gupta S/o Shri Banshidhar, age about 65 years, R/o Rajeev Colony, Near Dank Banglow, Deeg, Distt. Bharatpur Raj.

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation Through Managing Director, Parivahan Marg, Chomu House, Jaipur.

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The Chief Manager, Rajasthan State Road Transport Corporation, Lohagarh Depot, Bharatpur Raj.

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----Respondents

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For Petitioner(s) : Mr. Rajeev Sogarwal For Respondent(s) : Mr. Surendra Meel

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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10/08/2023

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Issue notice.

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Mr. Surendra Meel, Advocate accepts notice on behalf of the respondents.

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With the consent of the parties, the matter is taken up at this stage for final disposal.

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It is submitted by the counsel for the petitioner that the dispute raised in this petition has already been adjudicated by this Court at Principal Seat in the case of Daulat Ram Vs. Chairman and Managing Director, RSRTC and Ors. (S.B. Civil Writ Petition No. 9687/2015, decided on 01.10.2015) and therefore, the present petition may also be decided in the light of the said judgment.

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[CW-3652/2015]

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(2 of 2)

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

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“In this background, these writ petitions deserve to be and are hereby allowed. The respondent Corporation is 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 the dues at the earliest.”

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In view of the above discussions, the writ petition is disposed of in the light of the same directions issued in the case of Daulat

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Ram (Supra).

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The above order shall be subject to the following conditions:-

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(i) While making the payment to the petitioner, respondent-Corporation shall take into account the corresponding seniority (on the basis of date of retirement) of all the retired employees. (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 dated 17.01.2020 in SBCWP No. 992/2018.

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Stay application and all pending application(s), if any, also

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stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/26

Shyam Lal Gupta v. R S R T C and Anr.

Case brief

What is this about?

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Shyam Lal Gupta v. R S R T C and Anr.

Case brief

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