Disposed

Bhanwar Lal v. Rajasthan State Road Transport Corporation

Rajasthan HC2 Jul 2024CW/7771/2024

Case brief

AI extract

What is this about?

Single Bench disposed of a writ petition seeking entitlement to a second selection scale. The court directed the respondents to consider the petitioner's representation and decide it within four weeks based on the Tara Chand judgment.

What did the court decide?

Direction to respondents to decide the petitioner's representation within four weeks if it falls within Tare Chand judgment.

Bhanwar Lal Vs Rajasthan State Road… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:26402]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 7771/2024

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Bhanwar Lal S/o Jaggannath Ram, Aged About 58 Years, Village Shyampura, Post Khokhar, Tehsil Parbatsar, 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. Naresh Singh For Respondent(s) : Mr. Shashank Sharma

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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02/07/2024

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Heard learned counsel for the parties.

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Learned counsel for the petitioner 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 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

[2024:RJ-JD:26402]

[CW-7771/2024]

(2 of 3)

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

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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 submits 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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[2024:RJ-JD:26402]

[CW-7771/2024]

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 petitioners, the respondent shall decide the same within a period of four weeks from the date of its receipt; and 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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(FARJAND ALI),J

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9-Samvedana/-

Bhanwar Lal v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Bhanwar Lal v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

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