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2026 DAILYLAW 17670 (RAJ)

KRISHAN GOPAL ROHILLA v. R S R T AND ORS

CW/3573/2013 · 2026-01-13

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:1343] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3573/2013 Krishan Gopal Rohilla S/o Sh. Nrendra Singh Rohilla aged about 61 year resident of 2/521 Kala Kua, Housing Board Alwar, Rajasthan. ----Petitioner Versus 1. Rajasthan State Road Transport Corporation through its Managing Director, Parivahan Marg, Near Chomu House, Jaipur. 2. Executive Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Near Chomu House, Jaipur. 3. Chief Manager, Rajasthan State Road Transport Corporation, Matsya Nagar Deport, Alwar. ----Respondents/ For Petitioner(s) : Mr. Sandeep Bhagwati For Respondent(s) : Mr. Om Prakash Sheoran HON'BLE MR. JUSTICE ANAND SHARMA Order 13/01/2026 1. Petitioner has filed the present writ petition with the following prayers:- "It is, therefore, most respectfully prayed that Your Lordships may most graciously be pleased to call for the entire record of the case and after examining the same be further pleased to accept and allowed the writ petition and ; (i) by appropriate writ, order or directions, the respondents may be directed to give the petitioner all the retiral benefits and gratuity as are available in pension scheme, with interest of 12% per year (ii) by appropriate writ, order or directions, the respondents may be directed to give the petitioner the payment of over time duty, night duty, G.H. due rates and all retiral benefits with interest of 12% per year [2026:RJ-JP:1343] (2 of 3) [CW-3573/2013] (iii) Any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner." 2. It is submitted by learned counsel for the petitioner that the petitioner right from the date of his appointment, was member of GPF scheme and has never submitted any option for CPF scheme, yet in quite arbitrary manner the respondents have not granted the pensionary benefits under the GPF scheme. He submits that as per the Rajasthan State Road Transport Corporation Employees Service Regulations, 1965 the petitioner is also entitled for over time duty, night duty and payment for gazetted holidays, yet the same has not been granted. 3. Learned counsel for the respondents raised serious objections and submitted that the corrected facts have not been placed on record by the petitioner. Along with an additional affidavit dated 21.11.2017, the respondents have placed on record Annexure-A/4, which is the form under CPF scheme submitted by the petitioner himself in the year 2013 and accordingly, payment of CPF scheme to the tune of Rs.6,95,570 has been paid to the petitioner vide cheque dated 18.12.2012. Such payment was received by the petitioner without any protest. It was also submitted that at no point of time, petitioner has submitted any option for opting GPF scheme, therefore, the benefits of pension under GPF scheme cannot be extended to the petitioner. There is no counter-affidavit on behalf of the petitioner to controvert the facts narrated in the additional affidavit on behalf of the respondents. 4. So far as, benefits of over time duty, night duty and payment of gazetted holidays is concerned. Learned counsel for [2026:RJ-JP:1343] (3 of 3) [CW-3573/2013] the respondents submitted that such benefits are being released to the employees of respondent-Corporation as per their seniority and he undertakes that the payment in this regard shall be made to the petitioner as per his entitlement. 5. In view of above factual position, where the petitioner himself has applied for CPF scheme and no option for GPF scheme has ever been given and the amount under CPF scheme has already been paid to the petitioner, Prayer No.1 of the petitioner is hereby dismissed and as regards Prayer No.2, directions are given to the respondents to make payment of over time duty, night duty and gazetted holidays to the petitioner within a period of three months from the date of receipt of certified copy of this order. 6. Writ petition stands disposed of accordingly. (ANAND SHARMA),J DIVYA /28