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SUDESH BANSAL
Rajasthan State Road Transport Corporation Through Managing Director – Appellant
Versus
Kedar Singh – Respondent
JUDGMENT
Sudesh Bansal, J. - This appeal under Section 100 CPC has been filed by the appellants-defendants-RSRTC (hereinafter `the RSRTC') against judgment and decree dated 18-11-2014 in First appeal No.10/2010 passed by additional District Judge No.5, Jaipur Metropolitan while dismissing appeal affirmed the judgment and decree dated 6-4-2010 in Civil Suit No.167/2006 passed by the additional Civil Judge (Junior Division) No.2 Jaipur Metropolitan whereby and whereunder respondent-plaintiff's civil suit for declaration has been partially decreed in his favour and against the RSRTC in the following manner:-
(a) Plaintiff has been declared to be entitled for benefits of selection scales from the date of his first regular appointment as Conductor i.e 08.07.1987.
(b) for first selection scale on completion of 9 years on 08.07.1996 notional benefits only and actual benefits w.e.f. 27.05.1999 when plaintiff was reinstated in service and
(c) for second selection scale, though the period of 18 years completed on 08.07.2005 but since plaintiff suffered penalties prior to and post to such date, hence it has been left upon the employer RSRTC to determine to date, after analysis of the service reco
The differentiation in granting selection grade based on service record, as established in the State of Rajasthan Vs. Shanker Lal Parmar case, was a key legal principle influencing the court's decisi....
Minor service penalties do not obstruct entitlement to selection scales under applicable service circulars.
The main legal point established in the judgment is the importance of upholding principles of natural justice in employee rights cases and the jurisdiction of the Civil Court in such matters.
The main legal point established in the judgment is that the Civil Court has jurisdiction to decide disputes related to employee benefits, and that the findings of fact recorded by the lower courts s....
Entitlement to service benefits and post-retiral benefits is determined based on the service record, consideration of penalty orders, and timely implementation of entitlements.
Violation of principles of natural justice and entitlement to post-retiral benefits.
The suit instituted by the respondent was barred by limitation, and the respondent failed to meet the basic requirements for the Selection Grade.
The main legal point established in the judgment is that delay and laches are vital in service matters, and a clean record of service is a prerequisite for the grant of selection scale. The court als....
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