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2025 DAILYLAW 46413 (RAJ)

KISHORE SINGH v. R S R T C AND ANR

CW/20579/2013 · 2025-11-28

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:48573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20579/2013 Kishore Singh, S/o Shri Bhanwar Singh, Driver, Rajasthan State Road Transport Corporation, Jaipur Depot, Jaipur. ----Petitioner Versus 1. Rajasthan State Road Transport Corporation Jaipur, Through Its Chairman Cum Managing Director, Jaipur. 2. Chief Manager, Rajasthan State Road Transport Corporation, Jaipur Depot, Jaipur. ----Respondents For Petitioner(s) : Mr. S.L. Kumawat For Respondent(s) : Mr. Rajpal Dhankhar HON'BLE MR. JUSTICE GANESH RAM MEENA Order 28/11/2025 Learned counsel appearing for the petitioner submits that the issued raised in the present writ petition is no more res integra and the same has been resolved vide order dated 25.01.2017 passed by the Co-ordinate Bench Principal Seat at Jodhpur in case of Tara Chand Vs. Rajasthan State Road Transport Corporation & Anr. (S.B. Civil Writ Petition No.8810/2014), which has been upheld by the Hon’ble Division Bench Principal Seat at Jodhpur in D.B. Spl. Appeal Writ No.524/2018 (Rajasthan State Road Transport Corporation & Anr. Vs. Tara Chand) decided on 02.12.2021 and also by the Hon’ble Apex Court in Special Leave to Appeal No.10330/2022 decided on 13.07.2022. [2025:RJ-JP:48573] (2 of 3) [CW-20579/2013] Learned counsel appearing for the respondents admits the fact as stated by counsel for the petitioner as regards the decision referred above. The Co-ordinate Bench in case of Tara Chand (supra) decided on 25.01.2017 has ordered as under:- “Apparently, by effect of the above circular, benefit of second selection scale falling due to the petitioner could only have been deferred by two years and not more. In this background, the decision of the respondent Corporation to defer second selection scale admissible to the petitioner from6.10.2008 to 6.10.2019 is totally unjustified, arbitrary and contrary to the circulars adopted by the Corporation. The impugned action of the respondents is thus quashed and struck down. The respondents shall extend the benefit of second selection scale to the petitioner by making a deferment of two years from the date of his actual entitlement. Monetary benefits flowing from the above direction shall be paid to the petitioner within a period of six months from today with interest @ 6% per annum from the date of accrual till the date of actual payment. In case, the payment is delayed beyond three months, the interest shall stand enhanced to 9% per annum and shall be recoverable from the official/s responsible for causing the delay if any.” In view of the above, the present writ petition is also disposed of with a direction to the respondents to extend the benefit of second selection scale to the petitioner by making deferment of two years from the date of his actual entitlement. Monetary benefits flowing from the above direction shall be paid to the petitioner within a period of six months from today with interest @ 6% per annum from the date of accrual till the date of actual payment. In case, the payment is delayed beyond three months, the interest shall stand enhanced to 9% per annum and [2025:RJ-JP:48573] (3 of 3) [CW-20579/2013] shall be recoverable from the official/s responsible for causing the delay if any. The writ petition is disposed of as above. Pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /13