Rajasthan High CourtRam Pratap Yadav S/O Shri Surajbhan ... vs Mr. Naveen Jain on 4 July, 2022Author:Ashok Kumar GaurBench:Ashok Kumar GaurHIGH COURT OF JUDICATURE FOR RAJASTHAN\n                  BENCH AT JAIPUR\n\n          S.B. Civil Miscellaneous Application No. 106/2021\n\nNarendra Singh Rathore S/o Shri Vagat Singh, Aged About 64\nYears, R/o 2-2-7, Housing Board, Banswara (Raj.)\n                                                                  ----Petitioner\n                                   Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.\n                                                                ----RespondentConnected With\n          S.B. Civil Miscellaneous Application No. 107/2021\nMahaveer Prasad S/o Shri Prabhu Singh, Aged About 64 Years,\nR/o Village Berawas Khurd Post Jodiya, Tehsil Kotkasim, District\nAlwar (Raj)----Petitioner\n                                   Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n          S.B. Civil Miscellaneous Application No. 108/2021\nPritam Singh S/o Shri Vijay Singh, Aged About 63 Years, R/o\nKailash Nagar, Behind Amarnath School, Mathura (U.p.)----Petitioner\n                                   Versus\nRajhans Upadhyaya Chairman Cum Manging Director, Rajasthan\nState Road Transport Corporation, Parivahan Marg, C-Scheme,\nJaipur.----Respondent\n          S.B. Civil Miscellaneous Application No. 109/2021\nJaigopal Prajapati S/o Shri Prabhu Ji, Aged About 64 Years, R/o\nNew Govind Nagar, Galil No. 7, Ramganj, Ajmer (Raj)----Petitioner\n                                   Versus(Downloaded on 07/07/2022 at 09:17:23 PM)(2 of 15)                 [CMAP-106/2021]\n\n\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur (Rajasthan)----Respondent\n         S.B. Civil Miscellaneous Application No. 110/2021\nLaxmi Narayan Srivastava S/o Shri Asarfi Lal, Aged About 65\nYears, R/o Ward No. 12, Doctor Colony, Raja Khera, Dholpur.\n(Raj).----Petitioner\n                                  Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n         S.B. Civil Miscellaneous Application No. 111/2021\nMohammad Sharif S/o Shri Mohammad Saddique, Aged About\n64 Years, R/o Opposite Old Rto                     Office, Rasulpura Road,\nDhuwaliya, Via Madar, District Ajmer, (Raj.)----Petitioner\n                                  Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n         S.B. Civil Miscellaneous Application No. 112/2021\nRamesh Chand Vedwal S/o Late Shri Nand Kishore, Aged About\n65 Years, R/o Plot No. 3507, Kali Mai Mohalla, Nasirabad, District\nAjmer.----Petitioner\n                                  Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n         S.B. Civil Miscellaneous Application No. 113/2021\nVinod Kumar Sharma S/o Shri Anand Vallabh, Aged About 64\nYears, R/o Jyoti Sadan, Behind Khanij Nagar, Sector-3, Balupura,\nAdarsh Nagar, Ajmer, (Raj.).(Downloaded on 07/07/2022 at 09:17:23 PM)(3 of 15)                 [CMAP-106/2021]\n\n\n                                                                 ----Petitioner\n                                  VersusMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n        S.B. Civil Miscellaneous Application No. 114/2021\nManna Lal Sharma S/o Shri Shiv Sahay Sharma, Aged About 67\nYears, R/o Mukam Post Ghasipura, Tehsil Shahpura, District\nJaipur (Raj.)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Rarivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n        S.B. Civil Miscellaneous Application No. 115/2021\nKailash Chand Sharma, Aged About 66 Years, R/o Jhareda Road,\nBehind Panchayat Samiti, Tehsil Hindaun, District Karauli, (Raj.).----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n        S.B. Civil Miscellaneous Application No. 116/2021\nRatan Lal S/o Shri Ghisu Lal, Aged About 64 Years, R/o Subhash\nNagar, Beawar Road, Ajmer.(Rajasthan)----Petitioner\n                                  Versus\nMr. Alok, Managing Director Rajasthan State Road Transoport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur (Rajasthan.)----Respondent\n        S.B. Civil Miscellaneous Application No. 117/2021\nRam Pratap Yadav S/o Shri Surajbhan Yadav, Aged About 65\nYears, R/o Khatori Ahir, Post Kamaniya, Tehsil Narnor, District(Downloaded on 07/07/2022 at 09:17:23 PM)(4 of 15)                 [CMAP-106/2021]\n\n\nMahendragarh, (Haryana)----Petitioner\n                                   Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office,parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n         S.B. Civil Miscellaneous Application No. 118/2021\nOmprakash Sharma S/o Shri Bansi Lal Sharma, Aged About 65\nYears, R/o C-213, Mahesh Nagar, Tonk Phatak, Jaipur (Raj.)----Petitioner\n                                   Versus\nMr. Naveen Jain, Managing Director Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n         S.B. Civil Miscellaneous Application No. 119/2021\nVinod Kumar Yadav S/o Shri Deeg Ram, Aged About 64 Years,\nR/o Village Post Office Shahbad, Tehsil Tijara, District Alwar\n(Raj.)----Petitioner\n                                   Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House , C-\nScheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 120/2021\nNarayan Das S/o Shri Bhagwan Das, Aged About 65 Years, R/o\nVillage Isori, Post Iradat Nagar, District Agra, (Raj.).----Petitioner\n                                   Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n         S.B. Civil Miscellaneous Application No. 121/2021\nSitaram Pathariya S/o Shri Kalu Ram, Aged About 65 Years, R/o(Downloaded on 07/07/2022 at 09:17:23 PM)(5 of 15)                 [CMAP-106/2021]\n\n\nHouse No. 1419, Ward No. 05, Lotha Mohalla, Nasirabad, District\nAjmer (Raj)----Petitioner\n                                  Versus\nMr. Naveen Jain Managing Director, Rajasthan State Road,\nTransport Corporation , Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur,.----Respondent\n       S.B. Civil Miscellaneous Application No. 122/2021\nKishan Lal Yadav----Petitioner\n                                  Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n       S.B. Civil Miscellaneous Application No. 123/2021\nVishnu Dutt Bhardwaj S/o Shri Gopal Lal Bhardwaj, Aged About\n64 Years, R/o 453/28, Bhajanganj, Ajmer (Raj.)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n       S.B. Civil Miscellaneous Application No. 124/2021\nBhanwari Devi W/o Late Shri Kishan Lal, Aged About 62 Years,\nR/o Naya Badgaon, Badgaon, Ajmer (Rajasthan)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n       S.B. Civil Miscellaneous Application No. 125/2021\nBhagwati Prasad Sharma S/o Shri Shyam Lal Sharma, Aged\nAbout 63 Years, R/o Mansarovar Colony, Sepaun Road, Dholpur(Downloaded on 07/07/2022 at 09:17:23 PM)(6 of 15)                 [CMAP-106/2021]\n\n\n(Raj.)----Petitioner\n                                     Versus\nSuchi     Sharma,     Managing         Director,      Rajasthan     State   Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur----Respondent\n          S.B. Civil Miscellaneous Application No. 126/2021\nSuvalal Gurjar S/o Shri Ramji, Aged About 64 Years, R/o House\nNo. 517/19, Gali No. 7, Dev Nagar, Adarsh Nagar, Ajmer (Raj.)----Petitioner\n                                     Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n          S.B. Civil Miscellaneous Application No. 127/2021\nGirraj Prasad Sharma S/o Shri Lallu Ram Sharma, Aged About\n64 Years, R/o Village And Post Atewa, Tehsil Karauli, District\nKarauli, (Raj,)----Petitioner\n                                     Versus\nShri     Rajeshwar    Singh      Chairman          Cum       Managing    Director,\nRajasthan     State    Road      Transport        Corporation,      Head    Office\nParivahan Marg, Chomu House, C-Scheme, Jaipur District Jaipur.----Respondent\n          S.B. Civil Miscellaneous Application No. 128/2021\nPrem Das Sharma S/o Shri Revti Prasad, Aged About 64 Years,\nR/o Village Midakul, District Agra (Raj.)----Petitioner\n                                     Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office Parivhan Marg, Chomu\nHouse, C-Scheme, Jaipur.----Respondent\n          S.B. Civil Miscellaneous Application No. 129/2021\nAbdul Aziz S/o Shri Abdul Hakim, Aged About 63 Years, R/o(Downloaded on 07/07/2022 at 09:17:23 PM)(7 of 15)                 [CMAP-106/2021]\n\n\nWard No. 8, Sarwad, District Ajmer (Raj.)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 130/2021\nJagdish Prasad Sharma S/o Shri Jethmal, Aged About 63 Years,\nR/o House No. 506, Ward No. 28, Bhajanganj, District Ajmer\n(Raj.)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 131/2021\nMahaveer Kumar Jain S/o Shri Gulab Chand Jain, Aged About 63\nYears, R/o 36/197, Kiran Path, Mansarovar, Jaipur (Raj.)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 132/2021\nSheesh Ram S/o Shri Bhagwana Ram, Aged About 64 Years, R/o\nVillage Choukhi (Taika), Post Office And Tehsil Kotkasim, District\nAlwar (Raj.)----Petitioner\n                                  Versus\nMr. Naveen Jain, Managing Director, Rajasthan State Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 133/2021(Downloaded on 07/07/2022 at 09:17:23 PM)(8 of 15)                 [CMAP-106/2021]\n\n\nNoor Mohammad S/o Shri Abdul Sikandar, Aged About 64 Years,\nR/o 1654/13, Sanjay Nagar, Azad Nagar, Khanpura, Ajmer\n(Rajasthan)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 134/2021\nJodha Singh S/o Shri Chotu Singh, Aged About 65 Years, R/o\n910, Village Jajatiya, Post Data, Via Shri Nagar, District Ajmer\n(Raj.)----Petitioner\n                                  Versus\nSuchi    Sharma,   Managing         Director,      Rajasthan     State   Road\nTransport Corporation, Head Office, Parivahan Marg, Chomu\nHouse, C-Scheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 135/2021\nRajendra Kumar Vyas S/o Shri Salikram, Aged About 64 Years,\nR/o 4/28, Khatu Colony, Banswara ( Raj.)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n         S.B. Civil Miscellaneous Application No. 136/2021\nAnand Lal S/o Shri Gouri Shankar, Aged About 64 Years, R/o\nUdaipur Kalan, Tehsil Kishangarh, District Ajmer (Rajashtan)----Petitioner\n                                  Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur\n                                                               ----Respondent(Downloaded on 07/07/2022 at 09:17:23 PM)(9 of 15)                 [CMAP-106/2021]S.B. Civil Miscellaneous Application No. 137/2021\nHafiz Mohammad S/o Shri Abdul Rahman, Aged About 64 Years,\nR/o Near Bandland School, Bhilwara (Raj.)----Petitioner\n                                   Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n        S.B. Civil Miscellaneous Application No. 138/2021\nShivraj Singh S/o Shri Kesar Singh, Aged About 63 Years, R/o\nHouse No. 22, Tilak Nagar, Khankiya Naka, Khanpur Road,\nJhalawar (Raj)----Petitioner\n                                   Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-\nScheme, Jaipur----Respondent\n        S.B. Civil Miscellaneous Application No. 139/2021\nDinesh Chand Garg S/o Jagdish Garg, Aged About 62 Years, R/o\nMandawar, Tehsil Mahuwa, District Dausa (Raj.)----Petitioner\n                                   Versus\nShri   Rajeshwar    Singh,      Chairman         Cum       Managing   Director,\nRajasthan   State   Road Transport              Corporation,     Head Office,\nParivahan Marg, Chomu House, C-Scheme, Jaipur----Respondent\n        S.B. Civil Miscellaneous Application No. 140/2021\nDamodar Prasad Sharma S/o Shri Late Ram Niwas Sharma, Aged\nAbout 64 Years, R/o Mukam Post Jipiya, Via Jamola, District\nAjmer (Rajasthan)----Petitioner\n                                   Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office, Parivahan Marg, Chomu House, C-Scheme, Jaipur(Downloaded on 07/07/2022 at 09:17:23 PM)(10 of 15)                [CMAP-106/2021]\n\n\n                                                                ----RespondentS.B. Civil Miscellaneous Application No. 141/2021\nBhanwar Lal S/o Shri Chouth Mal, Aged About 64 Years, R/o\nHouse No. 322/40, Village Balupura, Adarsh Nagar, Ajmer (Raj.)----Petitioner\n                                   Versus\nMr. Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n        S.B. Civil Miscellaneous Application No. 142/2021\nBanne Singh Gurjar S/o Shri Laxmi Narayan, Aged About 63\nYears, R/o Village And Post Bhanakpura, Via Mehandipur Balaji,\nTehsil Todabhim, District Karauli (Raj.)----Petitioner\n                                   Versus\nShri   Rajeshwar    Singh      Chairman          Cum       Managing    Director,\nRajasthan   State    Road      Transport        Corporation,      Head   Office\nParivahan Marg, Chomu House, C-Scheme, District Jaipur.----Respondent\n        S.B. Civil Miscellaneous Application No. 152/2021\nRampal Gurjar S/o Shri Choga Lal, Aged About 65 Years, R/o\nKhanij Nagar, Balupura Road, Adarsh Nagar, Jaipur (Raj..)----Petitioner\n                                   Versus\nShri Alok, Managing Director, Rajasthan State Road Transport\nCorporation, Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.----Respondent\n        S.B. Civil Miscellaneous Application No. 153/2021\nKailash Chand Chouhan S/o Shri Shiv Narayan, Aged About 64\nYears, R/o 888/42, Dhan Nadi, Balupura Road, Ajmer (Raj.)----Petitioner\n                                   Versus\nShri Alok, Managing Director, Rajasthan State Road, Transport\nCorporation Head Office Parivahan Marg, Chomu House, C-\nScheme, Jaipur.(Downloaded on 07/07/2022 at 09:17:23 PM)(11 of 15)                    [CMAP-106/2021]\n\n\n                                                                     ----RespondentS.B. Civil Miscellaneous Application No. 1/2022\nDawood Khan S/o Noor Mohammad, Aged About 62 Years, R/o\nGram Fatehpur, Pahari, Tehsil Pahari, District Bharatpur. (Raj.)----Petitioner\n                                    Versus\nRajhans Upadhyaya Chairman Cum Managing Director, Rajasthan\nState Road, Transport Corporation, Parivahan Marg, C-Scheme,\nJaipur----Respondent\n\n\nFor Petitioner(s)         :     Mr.Vinayak Kumar Joshi, Adv.\nFor Respondent(s)         :     Mr.Rahul Ghiya, Adv.Mr.Vinod Kumar Mathur, Adv.HON'BLE MR. JUSTICE ASHOK KUMAR GAUR\n                                     Order\n04/07/2022\n\n     These misc. applications have been filed on behalf of the\n\nRajasthan State Road Transport Corporation for recalling the order\n\ndated 25.08.2021, passed by this Court in different contempt\n\npetitions filed by the employees-petitioners for seeking compliance\n\nof the order for payment of interest on the gratuity.This Court on 25.08.2021 disposed of the contempt petitions\n\ndirecting the contemnors-Officers of the RSRTC to pay due interest\n\non gratuity to the petitioners within a period of six months.This Court further made it clear that if due interest was not\n\npaid, as directed, the petitioners were at liberty to move\n\napplication for revival of the contempt petitions.Learned counsel appearing for the Corporation Mr.Vinayak\n\nJoshi submitted that after passing of the order by this Court on\n\n25.08.2021,    the   Corporation          had      issued        a   circular   dated(Downloaded on 07/07/2022 at 09:17:23 PM)(12 of 15)              [CMAP-106/2021]\n\n\n\n03.11.2021 whereby priorities have been given to make payment\n\nto the employees, under different heads.Learned counsel for the Corporation submitted that the\n\nCircular dated 03.11.2021 ensures payment of interest on gratuity\n\nas given at Priority-VIII.Learned counsel submitted that the first Priority of the\n\nCorporation is to give salary to the working employees and\n\npension to the retired employees.Learned counsel submitted that as per circular dated\n\n03.11.2021, the Corporation has paid the Principal amount of\n\ngratuity, privilege leave & arrears of 5 th and 6th Pay Commissions\n\nto the employees, who retired upto August, 2021.Learned counsel further submitted that after order was\n\npassed by this Court on 25.08.2021, the Principal Seat at Jodhpur\n\nhas also passed an order, whereby directions have been given to\n\nfirst pay the gratuity amount and interest on the gratuity amount\n\nis not to be paid.Learned counsel submitted that keeping in mind, the\n\ndirections issued at Principal Seat at Jodhpur as well as circular\n\ndated 03.11.2021, the Authorities want more time to comply with\n\nthe directions given by this Court and counsel submits that the\n\ncircular dated 03.11.2021 is required to be kept in mind and all\n\npayments have been made strictly.This Court has given outer limit of six months and the same\n\ntime limit is not possible to be adhered to by the Corporation in\n\nview of the subsequent developments which had taken place.Learned counsel appearing for the petitioners submitted that\n\nthe earlier contempt petitions, which were disposed of by this\n\nCourt, by giving specific direction to the Authorities to release(Downloaded on 07/07/2022 at 09:17:23 PM)(13 of 15)                 [CMAP-106/2021]\n\n\n\namount of interest on the gratuity and six months outer time limit\n\nwhich was provided, was sufficient for compliance of the order.Learned counsel for the petitioners further submitted that\n\nentitlement of the writ petitioners for due interest on gratuity has\n\nnever been disputed and the Corporation is not making sincere\n\nefforts for releasing the said claim of the petitioners.Learned counsel for the petitioner further submitted that the\n\nDivision   Bench     in    D.B.Special            Appeal        Writ    Petition\n\nNo.1012/2021 (Managing Director & Anr. Vs.Shyam Sunder\n\nSharma) has also directed the Authorities of the Corporation to\n\nmake due payment to the employees of overtime and other claims\n\nand while disposing of the appeal of the Corporation, the outer\n\ntime limit of four months was fixed and only upon a genuine\n\ndifficulty being faced by the Corporation, such time was permitted\n\nto be extended by the Single Bench.This Court while hearing the misc. applications, had directed\n\nlearned counsel for the Corporation to file an affidavit as what\n\nsteps have been taken by the Corporation to comply with the\n\norder and circular dated 03.11.2021.Learned counsel Mr.Vinayak Joshi has filed an additional\n\naffidavit and has narrated the facts regarding payment being\n\nmade to the different employees who stood retired.Learned counsel, on the strength of the affidavit, submitted\n\nthat time and again the Corporation is making request to the State\n\nGovernment to release the required fund for making payment to\n\nthe different employees who have retired long back.Learned    counsel     submitted          that     the     Corporation   has\n\nsurrendered two premises in favour of the State Government and\n\nagainst such surrender, the Corporation has been paid advance(Downloaded on 07/07/2022 at 09:17:23 PM)(14 of 15)                 [CMAP-106/2021]\n\n\n\namount of Rs.214 Crores and as such all employees who have\n\nretired up to August 2021 their pension and gratuity amount have\n\nbeen paid. Learned counsel submitted that the Corporation has\n\nborrowed Rs.260 Crores from different banks.Learned counsel submitted that the efforts so made by the\n\nAuthorities, clearly show their intention to comply with the\n\ndirections issued by this Court from time to time and as such the\n\norder      passed   by    this      Court       on      25.08.2021,       may    be\n\nmodified/recalled.I have heard the submissions made by learned counsel for\n\nthe parties and perused the material available on record.This Court finds that after passing of the order dated\n\n25.08.2021, the respondent-Corporation has issued circular dated\n\n03.11.2021, whereby interest on gratuity is required to be paid by\n\nthe Corporation at Priority-VIII and other dues of the employees\n\nare required to be paid in the Priority, as fixed in the circular dated\n\n03.11.2021.This Court further finds that the Principal Seat at Jodhpur\n\nhas also directed the Authorities of the Corporation to first pay the\n\nPrincipal amount of pension and gratuity and payment of interest\n\non gratuity, will be considered later on.This Court accordingly, finds that the order dated 25.08.2021\n\nneeds to be modified and accordingly, the time limit which was\n\ngiven of six months to comply with the order for payment of\n\ninterest and gratuity is further extended for a period of six\n\nmonths.This Court also makes it clear that if there is any violation of\n\ncircular    dated   03.11.2021        issued       by     the     Corporation,   the(Downloaded on 07/07/2022 at 09:17:23 PM)(15 of 15)              [CMAP-106/2021]\n\n\n\n                                   petitioner would be at liberty to file appropriate application before\n\n                                   this Court.This Court also grants liberty to the Corporation to move\n\n                                   appropriate application, in the event they find any difficulty in\n\n                                   complying with the order, or the circular dated 03.11.2021 is not\n\n                                   implemented due to shortage of fund, as per Priorities given in the\n\n                                   circular.Accordingly, all these applications stand disposed of.(ASHOK KUMAR GAUR),J\n\n                                   Monika/38-77(Downloaded on 07/07/2022 at 09:17:23 PM)Powered by TCPDF (www.tcpdf.org)