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2016 DIGILAW 37 (RAJ)

Ashok Kumar Keshwani v. Rajasthan State Road Transport Corporation

2016-01-06

GOVIND MATHUR, NIRMALJIT KAUR

body2016
JUDGMENT : Nirmaljit Kaur, J. This intra court Appeal is directed against the order dated 04.11.2015 passed by the learned Single Judge, whereby the writ petition filed by the appellant has been dismissed with liberty to file the writ petition as per territorial jurisdiction. 2. The appellant-petitioner filed the writ petition, inter alia, with the averments that he retired as Office Assistant from the respondent-Corporation on 31.12.2013 while serving at Vidhyadhar Nagar Depot, Jaipur and since his retirement, he was residing at Bikaner with his family and has settled at Bikaner. It was indicated that despite having retired on 31.12.2013, he has not been paid his legitimate dues like gratuity, overtime, overtime leave encashment, night allowances allegedly on account of non-availability of funds with the Corporation and sought of release all the retiral dues with immediate effect along with interest. 3. It is submitted by learned counsel for the appellant that the learned Single Judge was not justified in dismissing the writ petition filed by the appellant-petitioner as the appellant had retired way back on 31.12.2013 and has since settled as a retired employee at Bikaner within the jurisdiction of Principal Seat at Jodhpur and grievance in the writ petition pertained to post-retiral benefits like gratuity etc. and, therefore, only because the appellant-petitioner last served at Sikar, it cannot be said that the petition before this Court was not maintainable. It was further submitted that the issue raised by the appellant-petitioner already stood decided in Daulat Ram v. Chairman & Managing Director, RSRTC & Ors.: S.B. Civil Writ Petition No.9687/2015, decided 01.10.2015, wherein specific directions have been issued to the respondent-Corporation to reimburse the entire dues of all its retired employees. The said judgment has been accepted by the respondent-Corporation and, therefore, the appellant-petitioner is entitled to the same relief. 4. Looking to the nature of dispute involved, learned counsel Mr. Harish Purohit was directed to accept notice on behalf of the respondents and was heard. It was submitted that the present special appeal may also be disposed of with similar directions as issued in the case of Daulat Ram (supra). 5. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 6. It was submitted that the present special appeal may also be disposed of with similar directions as issued in the case of Daulat Ram (supra). 5. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 6. So far as the rejection of the writ petition by the learned Single Judge on account of territorial jurisdiction is concerned, it is apparent that though the appellant-petitioner retired from Vidhyadhar Nagar Depot, Jaipur on 31.12.2013, for last over two years post his retirement, the appellant was residing at Bikaner, the place of his permanent residence and had approached this Court in connection with his retiral benefits and, therefore, in the facts and circumstances of the case, it cannot be held as proper to throw the writ petition on account of lack of territorial jurisdiction. 7. In view of the submissions made regarding the merits of the case, which aspect is not in dispute, the petitioner-appellant is entitled to similar relief as granted in the case of Daulat Ram (supra). 8. In view of the above discussion, the special appeal is allowed. The judgment of the learned Single Judge is set aside and the writ petition filed by the appellant-petitioner is allowed. The respondent-Corporation is directed to reimburse the entire dues of the appellant-petitioner under all heads including retirement benefits, overtime, night allowances, earned leave etc. within a period of six months. The due amount shall carry interest @ 6% per annum from the date of accrual till the date of actual payment. 9. The appellant shall be at liberty to submit detailed representation to the concerned officer to settle the accounts and facilitate assessment of the dues at the earliest. No order as to costs.