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2026 DAILYLAW 18681 (RAJ)

RAJENDRA PRASAD VERMA S/O OMPRAKASH VERMA v. RAJASTHAN STATE ROAD TRANSPORT CORPORATION

CW/13531/2025 · 2026-02-05

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:5328] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13531/2025 Rajendra Prasad Verma S/o Omprakash Verma, Aged About 43 Years, R/o Mukam Post- Preetampura, Via-Kanwat, District Sikar (Rajastan) ----Petitioner Versus 1. Rajasthan State Road Transport Corporation, Through Chairman Cum Managing Director, Head Office Parivahan Marg, Rajasthan, Jaipur. 2. Executive Manager (Inquiry/ Appeal), Rajasthan State Road Transport Corporation, Head Quarter, Jaipur. 3. Zonal Manager, Rajasthan State Road Transport Corporation, Sikar Zone Sikar 4. Chief Manager, Rsrtc, Srimadhopur Depot, District, Sikar. 5. Chief Manager Cum Disciplinary Authority, Rsrtc, Khetri Depot, District, Jhunjhunu. ----Respondents For Petitioner(s) : Mr. Sultan Singh Kuri For Respondent(s) : Mr. Rajpal Dhankar HON'BLE MR. JUSTICE ANAND SHARMA Order 05/02/2026 1. Petitioner has filed the present writ petition with following prayers: "It is, therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ of mandamus, order of direction in nature thereof: (i) The impugned punishment order dated 26.12.08, 23.03.09, 12.01.12, 10.07.13 (Official Order No. 3190 & 3191 Colly.), 20.09.13, 10.10.14, 27.01.16, 11.02.16 (Official Order No. 310 & 311 Colly.), 28.04.17, 23.05.19 may kindly quashed and set-aside. [2026:RJ-JP:5328] (2 of 4) [CW-13531/2025] (ii) The respondents May kindly be directed to revised pay scale to the petitioner from the date of appointment and also directed to grant increments/Selection scale of 9/18/27 years and arrear thereto pursuant to correct fixation of pay scale with 18% interest, with further direction to the respondents to promotion with all consequential service benefits. (iii) Any other other which the Hon'ble Court may deems for and proper in the facts and circumstances of the case also be passed on favour of humble petitioner along with cost of with petition." 2. Learned counsel for the petitioner submits that the petitioner was holding the post of Conductor in Rajasthan State Road Transport Corporation, alleging the misconduct of carrying passengers without ticket, different penalties were inflicted upon the petitioner vide orders dated 26.12.2008, 23.03.2009, 12.01.2012, 10.07.2013, 20.09.2013, 10.10.2014, 27.01.2016, 11.02.2016, 28.04.2017 & 23.05.2019. However, all such penalties orders are against the norms of respondent-Corporation itself where the liability of amount which was otherwise to be paid by the passengers could not have been shifted to the Conductor. 3. Learned counsel for the petitioner further submits that only on account of such penalties, benefit of selection grade which was otherwise admissible to him on completion of 9 & 18 years of service was also not paid to the petitioner. Hence, the petitioner has challenged the above penalty orders with a further prayer to direct the respondents to release the benefit of selection grade. 4. Learned counsel for the respondent-Corporation opposed the writ petition and submitted that the impugned penalties have been imposed after following the procedure prescribed in the regulations in which there is no infirmity. Moreso, the penalty orders have been passed long back and after expiry of [2026:RJ-JP:5328] (3 of 4) [CW-13531/2025] 8 to 17 years from the date of issuing different penalty orders, the writ petition cannot be maintained, whereas admittedly the said orders were appealable in nature and the petitioner did not prefer any appeal against such penalty orders. 5. Learned counsel for the respondents further submitted that benefit of selection grade are always granted in lieu of promotion and are always subject to rendering satisfactory services. In view of the number of penalties imposed upon the petitioner, it is clear that his services were not satisfactory, therefore, no mistake has been committed by the respondent- Corporation in not granting benefit of selection grade to the petitioner. 6. Heard learned counsel for the parties and perused the record. 7. It has not been disputed by learned counsel for the petitioner that the penalties were imposed upon the petitioner by the respondent-Corporation while exercising its right to maintain discipline and integrity in the service. Such penalty orders were not challenged by the petitioner by way of filing any appeal and after lapse of such a long period and without submitting any explanation for the delay, ignoring the availability of alternative remedy, the penalty orders cannot be allowed to be challenged by the petitioner by way of filing writ petition under Article 226 of the Constitution of India. 8. This Court finds merit in the submission of learned counsel for respondents that selection grade, as per the circulars prevailing in the respondent-Corporation is always granted on rendering satisfactory services and looking to the record of the [2026:RJ-JP:5328] (4 of 4) [CW-13531/2025] petitioner, where around 10 penalties have been imposed upon him in regular intervals, he was not entitled for getting benefit of selection grade. 9. In view of above, the writ petition filed by the petitioner is devoid of any merit and substance and the same, is hereby, dismissed. 10. Pending application(s), if any, shall stand disposed of. (ANAND SHARMA),J DAKSH/7