SBCWP NO.7463/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.7463/2002. Keshav Dev Vs. RSRTC & Ors. Date of Order:- April 10, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for petitioner. Shri Mukesh Goyal for the respondents. ****** BY THE COURT:- This writ petition has been filed with the prayer to direct the respondents to grant him salary and other service benefits which are available to the regularly selected Conductors from the date he joined as Conductor after regular selection and may further be directed to allow revised pay scale in view of revision of pay and also grant him regular grade increments from the date of compromise dated 11/3/1987 (Ann.2) with all consequential benefits including arrears of salary and increments with interest @24% p.a. 2) According to the petitioner, he was appointed on the post of LDC on regular basis initially on probation for a period of one year vide SBCWP NO.7463/02. 2 order of the respondents dated 5/4/1986. His services were terminated on 11/11/1986. Petitioner filed civil suit before the court at Jaipur challenging the order of termination on the ground that since he was removed from the post on the charge that he was carrying passengers without ticket, removal order could not be passed without holding any enquiry. When the notice of the suit was issued to the respondents, settlement was arrived at between the respondents and the petitioner which was duly contested before the court on 11/3/1987 and in terms of that settlement, a compromise decree was passed on the same day. In terms of the decree, petitioner was entitled to reinstatement in service with continuity but without any back wages for the initial period of 18 months and for the period subsequent thereto, he would be deemed to be continued as a probationer and that the respondents agreed not to hold departmental enquiry against the petitioner for the remarks passed in the past. According to the petitioner, respondents have so far not granted him regular scale of pay and no annual grade increment has been given to him and he was being paid @Rs.880/-per month ever since 1987. 3) Respondents in reply to the writ petition however submitted that petitioner has already been SBCWP NO.7463/02. 3 granted benefit of regular scale of pay and his pay has been revised from time to time inasmuch as, he has been granted increments and orders passed by the Chief Manager of Depot, on 12/9/2003 has been placed on record to substantiate this. It has been submitted that difference of salary was paid to the petitioner soon thereafter. It is contended that the delay occurred due to audit objections. 4) From above, it is revealed that even after passing the compromise decree by the court on 11/3/1987, respondents have taken more than six years to grant benefit of regular scale of pay and benefit of revision of pay scale to the petitioner and arrears were paid much thereafter. 5) In the result, the writ petition is partly allowed. Respondents are directed to pay all consequential benefits to the petitioner together with interest @6% p.a. w.e.f. 1/4/1988. Compliance of the judgment shall be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ) J. anil