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MAHENDAR KUMAR GOYAL
Rajasthan State Road Transport Corporation – Appellant
Versus
Sant Lal Sharma – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This civil second appeal is preferred against the judgment and decree dated 01.11.2017 passed by the learned Additional District Judge No.10, Jaipur Metropolitan (for brevity, "the learned Appellate Court") in Civil Regular Appeal No.71/2017 whereby, while dismissing the appeal preferred by the appellants-defendants (for brevity, "the defendants"), the judgment dated 23.02.2017 passed by the learned Additional Civil Judge No.2, Jaipur Metropolitan (for brevity, "the learned trial Court") partly decreeing the suit filed by the respondent-plaintiff (for brevity, "the plaintiff") for declaration, has been affirmed.
2. The relevant facts in brief are that the plaintiff filed a suit for declaration against the defendants stating therein that he was appointed as permanent Conductor by the defendant-Corporation in the year 1977 and vide order dated 05.07.1998, he was granted regular pay scale. It was averred that his services were terminated vide order dated 28.07.1982, which was set aside by the learned Court in a civil suit filed by him and ultimately, this Court, vide its judgment and decree dated 17.09.2002 passed in civil second appeal, directe
Minor service penalties do not obstruct entitlement to selection scales under applicable service circulars.
The court affirmed the plaintiff's entitlement to selection scales based on service duration, rejecting claims of misconduct and jurisdictional issues.
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....
The court affirmed the plaintiff's entitlement to selection scales based on service duration, ruling that the civil court had jurisdiction despite the industrial dispute context.
Entitlement to service benefits and post-retiral benefits is determined based on the service record, consideration of penalty orders, and timely implementation of entitlements.
Entitlement to second higher grade scale must be granted upon completing 15 years of service from first higher grade, regardless of prior promotions or delay in claim.
The Industrial Tribunal must consider prior findings on termination validity when adjudicating claims for benefits, ensuring entitlement to selection scales based on continuous service.
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