Disposed

Karni Dan v. Rajasthan State Road Transport Corporation

Rajasthan HC19 Jul 2024CW/1532/2024

Case brief

AI extract

What is this about?

Writ petition concerning deferment of second selection scale benefits by RSRTC. Counsel relied on the earlier Tara Chand judgment and sought permission to file a representation. The court disposed of the petition directing respondents to decide the representation within four weeks in terms of the Tara Chand judgment if applicable.

What did the court decide?

Petition disposed with direction: representation to be decided within four weeks; if covered by Tara Chand judgment, to be decided in terms of that judgment.

Karni Dan Vs Rajasthan State Road… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:29398]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1532/2024

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Karni Dan S/o Shri Sohan Dan, Aged About 49 Years, R/o Ward No. 3, Near Narbada Bas Karni Temple, Chhapar, Tehsil Sujangarh, District Churu (Raj.)

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation, Through Its Chairman And Managing Director, Head Quarter Parivahan Marg, Jaipur.

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

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Chief Manager, Rajasthan State Road Transport Corporation, Sardarshahar, District Churu.

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----Respondents

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For Petitioner(s)	: Mr. Mukesh Vyas
For Respondent(s)	: -

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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19/07/2024

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Heard learned counsel for the petitioner.

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Learned counsel for the petitioner submit that the controversy involved in the present case is squarely covered by a judgment of this Court rendered in S.B. Civil Writ Petition

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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 only have been deferred by two years and not more. In this background, the decision of the respondent Corporation to

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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 actualentitlement. 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. No order as to costs.”

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Learned counsel further submit 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 direction that in the event of filing a representation by the

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petitioners, the respondent shall decide the same within a period of four weeks from the date of its receipt; if the case of the petitioner falls within the purview of the law laid down by this Court in the case of Tara Chand (supra); the same shall be decided in terms of the judgment above.

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Stay petition also stands disposed of.

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(FARJAND ALI),J

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4-chhavi/-

Karni Dan v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

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Karni Dan v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

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