[2023:RJ-JD:26530] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11972/2023 Prabhu Lal Chhipa S/o Shri Chuna Ji, Aged About 65 Years, By Caste Chhipa, R/o Village And Post Aur, Via Aburoad, District Sirohi (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Finance Secretary, Secretariat, Rajasthan, Jaipur.
2. The Director, Treasury And Accounts Department, Rajasthan, Jaipur.
3. The Director, Department Of Pension And Pensioner's Welfare, Rajasthan, Jaipur.
4. The Deputy Director, Board Of Secondary Education, Bikaner, Rajasthan.
5. The District Collector, Sirohi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Jay Prakash Bharadwaj
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 22/08/2023 Heard learned counsel for the petitioner.
Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by a judgment rendered in a bunch of writ petitions led by S.B. Civil Writ Petition No.21/2020 "Vijay Singh Vs. State of Rajasthan & Ors. and other connected matters decided on 21.07.2023 in the following terms:-
"41. Hence, looking to the binding effect of above judgment of Hon'ble Apex Court in the case of C.P.
(Downloaded on 12/11/2023 at 04:44:19 AM)[2023:RJ-JD:26530] (2 of 3) [CW-11972/2023] Mundinamani (supra) and All India Judges Association (supra), it is held that the petitioners would be entitled to get the benefits of increment falling due on 1 st July on account of their conduct for requisite length of time i.e. one year. The petitioners would be entitled to get notional payment on 1st July, notwithstanding their superannuation on 30th June.
42. The respondents are directed to consider the case of the petitioners afresh in the light of the observations made hereinabove and thereafter grant notional increment to the petitioners. The petitioners' pension would consequently be refixed. The appropriate orders be issued and the arrears of pension be paid to the petitioners within a period of three months from the date of receipt of the certified copy of this order.
43. With the aforesaid directions, all these petitions stand dispose of.
44. Stay applications and all applications (pending, if any) also stand disposed of.
45. The parties are left free to bear their own costs."
Learned counsel further submits that the controversy has also been set at rest by Hon'ble the Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P.
Mundinamani & Ors. : Civil Appeal No.2471/2023 affirming the view taken in the case of Vijay Singh (supra).
In this view of the matter, learned counsel for the petitioner seeks liberty to approach the respondents by way of filing a detailed representation for redressal of his grievances.
Considering the judgment of this Court in Vijay Singh (supra) as well as the judgment of Hon'ble the Supreme Court in C.P. Mundinamani (supra), the respondents are directed to consider the representation of the petitioner and decide the same in accordance with the law laid down by the Hon'ble Supreme Court as well as this Court in the cases of C.P. Mundinamani (Downloaded on 12/11/2023 at 04:44:19 AM) [2023:RJ-JD:26530] (3 of 3) [CW-11972/2023] (supra) & Vijay Singh (supra), preferably within a period of eight weeks from the date of receipt of such representation.
The writ petition stands disposed of.
(VINIT KUMAR MATHUR),J 167-Vivek/-
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