Disposed

Ram Prasad v. Rajasthan State Road Transport Corporation Parivahan Marg

Rajasthan HC10 Jan 2024CW/284/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition, which sought benefits of a second selection scale deferred for six years contrary to established law. The Court directed the petitioner to file a representation within four weeks of receipt, and mandated the respondents to consider it while adhering to the law laid down in the Tara Chand judgment.

What did the court decide?

Petitioner directed to file a representation; respondents to consider it within four weeks in light of Tara Chand judgment.

Ram Prasad Vs Rajasthan State Road… — Pension and Retirement Benefits | Rajasthan HC (2024)

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(1 of 3) [CW-284/2024]

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[2024:RJ-JD:1435]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 284/2024

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Ram Prasad S/o Shri Hariram, Aged About 54 Years, R/o Village Janana, Tehsil Mundva, District Nagaur.

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----Petitioner

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Versus

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

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

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The Chief Depot Manager, Rajasthan State Road Transport Corporation, Nagaur Depot, Nagaur.

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----Respondents

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For Petitioner(s)	: Mr. Rakesh Arora a/w
	Mr. Hardik Gautam
For Respondent(s)	:

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/01/2024

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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 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

(2 of 3)

[2024:RJ-JD:1435]

[CW-284/2024]

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. 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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Learned counsel for the petitioner, however, submits that the petitioner may be permitted to file a representation before the respondents, with a corresponding direction to the respondents to 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 to the petitioner to file a representation. In case a representation is so addressed, the respondents shall consider the

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(3 of 3) [CW-284/2024]

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[2024:RJ-JD:1435]

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same within a period of four weeks from the date of receipt of the representation keeping in mind the law laid down by this Court in the case of Tara Chand (supra).

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All pending applications also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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65-/Jitender/devrajP

Ram Prasad v. Rajasthan State Road Transport Corporation Parivahan Marg

Case brief

What is this about?

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Ram Prasad v. Rajasthan State Road Transport Corporation Parivahan Marg

Case brief

What is this about?

What did the court decide?

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