Disposed

Latif Khan v. R S R T C and Ors.

Rajasthan HC15 May 2023CW/4518/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking reimbursement of retiral dues and earned leaves withheld after superannuation. A Lok Adalat order dated 10.09.2016 directed the respondents to reimburse dues with 6% interest within nine months, but no compliance occurred. The High Court directed the respondents to comply within two months.

What did the court decide?

Respondents directed to comply with the Lok Adalat order of 10.09.2016, including reimbursement of dues, earned leaves, and interest at 6% p.a., within two months from the date of receipt of the certi

Latif Khan Vs R S R T C and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/010778]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4518/2018

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Latif Khan Son Of Shri Pappu Khan, Resident Peeluwali Masjid, Kachwahe Pada, Hindaun City, District Karauli Raj.

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----Petitioner

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Versus

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

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The Financial Advisor, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur

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The Executive Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur

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----Respondents

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For Petitioner(s) : Mr. Anoop Kumar for Mr. Surendra Singh 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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15/05/2023

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Instant petition has been filed by the petitioner with the

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following prayer:

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“It is, therefore, humbly prayed that the writ petition of the petitioner may kindly be accepted and allowed and;

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(i) by an appropriate writ, order or directions in the nature thereof, thereby the respondent may kindly be directed to reimburse the entire dues of the petitioner in compliance of the order dated 10.09.2016 passed by learned Lok Adalat with interest in the larger interest of justice.

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(ii) any other appropriate order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner. (iii) Cost of the Writ Petition be awarded in favour of the petitioner.”

[2023/RJJP/010778]

[CW-4518/2018]

(2 of 3)

Learned counsel for the petitioner submits that after attaining the age of superannuation the petitioner stood retired from the post of ATI on 31.07.2016 but without any justified reason his retiral dues were withheld by the respondents. Counsel submits that the matter was brought before the Lok Adalat of this Court and with the consent of respondents the matter was disposed of with directions to the respondents to reimburse the entire dues of the petitioner as per rules after examination under all the heads including retiral dues and earned leaves within a period of nine months. Counsel submits that further a direction was issued that the petitioner would be entitled to get interest @6% per annum from the date of accrual till the date of actual payment. The aforesaid order was passed by the Lok Adalat on 10.09.2016 and specific direction was issued to the respondents to comply the aforesaid order within nine months. Counsel submits that in-spite of passing of more that six years till date the order has not been complied, so appropriate orders be passed.

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Heard and considered the submissions made at the Bar and perused the material available on the record.

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A consent order has been passed by the Lok Adalat after hearing respondents on 10.09.2016 which reads as under:

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“The respondent Corporation will reimburse the entire dues of the applicant if any, as per rules after examination under all heads including reitral benefits and earned leave within a period of nine months. The due amounts shall carry interest @6 p.a. from the date of accrual till the date of actual payment. The payment of overtime, night duty allowance and Gazetted Holiday shall be subject to the final decision of the Hon’ble High Court in pending recalling application of RSRTC.

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(3 of 3) [CW-4518/2018]

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[2023/RJJP/010778]

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In the mean time the Corporation will also consider sympathetically if any interim relief could be granted subject to final payment.”

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Perusal of the aforesaid order indicates that the respondents were supposed to comply the said order within a period of nine months but in-spite of passing of more than six years till date the order has not been complied.

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Instant petition stands disposed of with direction to the respondents to comply the order passed by the Lok Adalat on 10.09.2016 within a period of two months from the date of receipt of certified copy of this order.

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Pending application(s), if any, also stands disposed of.

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(ANOOP KUMAR DHAND),J

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KuD/9

Latif Khan v. R S R T C and Ors.

Case brief

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Latif Khan v. R S R T C and Ors.

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