HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19565/2019

Kamla Prasad Sharma S/o Sh. Shyam Lal Sharma, R/o 24,

Sarswati Napal, Opp. Tiwari Dharm Kanta, Agra Road, Dausa

(Raj.)

----Petitioner

Versus

1.

Rajasthan State Road Transport Corporation, Through Its

Chairman Cum Managing Director, Head Office, Jaipur.

2.

Financial Adviser And Chief Pension And Gratuity Officer,

Rsrtc, Head Office, Jaipur.

3.

The Depot Manager, Dausa Depot, Rsrtc, Dausa.

----Respondents

For Petitioner(s)

:

Mr. L.M.Bhardwaj

For Respondent(s)

:

Ms. Devyani Rathore

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

17/12/2019

Ms.Devyani Rathore, Advocate, present in the court,

accepts notice on behalf of the respondent-RSRTC.

Counsel for the petitioner submits that this matter stands

covered by judgment dated 06.09.2019 passed by this court in

S.B. Civil Writ Petition No.8257/2016, Shyam Sunder

Bansal Versus RSRTC & Another.

Counsel for the respondents submit that they gracefully and

respectfully agreed with the judgment passed by this court in

Shyam Sunder Bansal (supra).

As noted above, it is submitted that the interest on gratuity

which is being released as per directions within two months, was

(2 of 2)

[CW-19565/2019]

allowed to be paid on seniority basis to its employees. This court

has in Shyam Sunder Bansal (supra) held that the RSRTC would

release the retiral benefits and interest on gratuity within period of

two months and so far as other claims of retired employees

relating to payment of overtime gazetted holidays, weekly rests

are concerned, RSRTC would conduct audit in this regard and as

per the audit report if any amount is found to be payable, the

same shall also be expeditiously released preferably within a

period of 6 months. The mode and method of payment has to be

for all employees who have attained superannuation and if in this

regard a decision is taken by the RSRTC to release it on seniority

basis i.e. those who have retired earlier, and thereafter to release

for those who have retired later on, the same cannot be in any

manner objected by this court. However, this would not in any

manner impede any person from approaching this court for

passing of an order.

It is made clear that if RSRTC takes such a decision, the

petitioner who have approached this court would not have any

claim for initiating contempt proceedings that they were not paid

prior to those who have retired before them.

Accordingly, this petition is allowed in above terms.

(SANJEEV PRAKASH SHARMA),J

Raghu/300