NAND KISHORE RANKAWAT Vs. RSRTC AND ANR.

JUDGEMENT

(1.) This intra court Appeal is directed against the order dated 04.11.2015 passed by the learned Single Judge, whereby the writ petition filed by the appellant has been dismissed with liberty to file the writ petition as per territorial jurisdiction.

(2.) The appellant-petitioner filed the writ petition, inter alia, with the averments that he retired as Conductor from the respondent-Corporation on 30.06.2013 while serving at Sikar Depot and since his retirement, he was residing at Bikaner with his family and has settled at Bikaner. It was indicated that despite having retired on 30.06.2013, he has not been paid his legitimate dues like gratuity, overtime, overtime leave encashment, night allowances allegedly on account of nonavailability of funds with the Corporation and sought of release all the retiral dues with immediate effect along with interest.

(3.) It is submitted by learned counsel for the appellant that the learned Single Judge was not justified in dismissing the writ petition filed by the appellant-petitioner as the appellant had retired way back on 30.06.2013 and has since settled as a retired employee at Bikaner within the jurisdiction of Principal Seat at Jodhpur and grievance in the writ petition pertained to post retiral benefits like gratuity etc. and, therefore, only because the appellant-petitioner last served at Sikar, it cannot be said that the petition before this Court was not maintainable. It was further submitted that the issue raised by the appellant-petitioner already stood decided in Daulat Ram Vs. Chairman & Managing Director, RSRTC & Ors., S.B. Civil Writ Petition No. 9687 of 2015, decided 01.10.2015 , wherein specific directions have been issued to the respondent-Corporation to reimburse the entire dues of all its retired employees. The said judgment has been accepted by the respondent-Corporation and, therefore, the appellant-petitioner is entitled to the same relief.