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2021 DIGILAW 2165 (RAJ)

Sattar Mohammad (Senior Citizen) v. Rajasthan State Road Transport Corporation

2021-11-18

MAHENDAR KUMAR GOYAL

body2021
JUDGMENT For the reasons stated in the applications No.1/2021 in S.B. Civil Writ Petitions No.11983/2021 & 11985/2021, the same are allowed. The affidavits in reply are taken on record. Learned counsels appearing for the respective parties submit that the controversy involved in the writ petitions wherein the petitioners have claimed retiral benefits and other allowances, stands squarely covered by a co-ordinate Bench judgment of this Court dated 17.09.2021 passed in case of Omprakash Mundel v. Chairman and Managing Director & Ors., S.B. Civil Writ Petition No.11764/2021, and pray that the writ petitions may also be disposed of in the same terms as referred to below:- "2. This Court, while deciding the case of Daulat Ram (supra), directed as under:- "In this background, these writ petitions deserve to be and are hereby allowed. The respondent Corporations directed to reimburse the entire dues of all its retired employees under all heads including retiral benefits, overtime, night allowance, earned leave etc. within a period of six months. The due amount shall carry interest @ 6% p.a. from the date of accrual till the date of actual payment. The petitioners shall be at liberty to submit detailed representations to the concerned officers to settle the accounts and facilitate the assessment of dues at the earliest. No order as to costs." 3. In view of above, this writ petition is also allowed in light of the judgment in case of Daulat Ram (supra) with the same directions, as quoted hereinbefore. 4. The above order shall be subject to following conditions:- (i) While making the payment to the petitioner, respondent-Corporation shall take into account of the corresponding seniority (on the basis of date of retirement) of all the retired employees. (ii) In case, the respondents find petitioner's case as emergent, payment may be made to him, out of the seniority in terms of the order dated 30.03.2017, passed by Jaipur Bench of this Court in SBCWP No.9127/2016. (iii) The respondents may defer payment of interest of gratuity for the time being, as observed in the proceedings dated 17.01.2020 in SBCWP No.992/2018." Taking into consideration the submissions made by the learned counsels for the respective parties, these writ petitions are disposed of in terms of order dated 17.09.2021 of this Court in case of Omprakash Mundel (supra) and it is directed that the aforesaid direction shall mutatis mutandis apply to this case too. The writ petitions are disposed of accordingly. The application No.2/2021 in S.B. Civil Writ Petition No.11983/201 also stands disposed of accordingly.