[2023:RJ-JD:32697] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14534/2023
1. Ram Ratan Gehlot S/o Shri Mangilal Gehlot, Aged About 60 Years, Resident Of Maliyon Ka Baas, Gangani Via Banar, Jodhpur (Raj.)
2. Ram Karan Bagwan S/o Shri Bhanwar Lal, Aged About 61 Years, Resident Of Maliyon Ka Uguna Baas, Pipar, Jodhpur (Raj.)
3. Narpat Raj Sharma S/o Shri Jasraj Sharma, Aged About 60 Years, Resident Of Mahajaon Ka Baas, Village Borunda, Tehsil Bilara, Jodhpur (Raj.)
4. Heera Ram Bhakar S/o Shri Shivkaran, Aged About 63 Years, Resident Of Bhakhro Ki Dhani, Borunda, Pipar City, Jodhpur (Rajasthan)
----Petitioners Versus
1. State Of Rajasthan, Through The Director, Agricultural Department, Jaipur
2. The Commissioner, Agriculture Department, Rajasthan, Jaipur
3. The Additional Director Agriculture (Admn.), Agricultural Commissionerate, Rajasthan, Jaipur.
4. The Joint Director, Pension And Pensioners Welfare
Department, Jodhpur
----Respondents
For Petitioner(s) : Mr. Rajendra Katariya
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 04/10/2023 Learned counsel for the petitioners submits that the controversy involved in the present case is squarely covered by a judgment dated 21.07.2023 of this Court at Jaipur Bench rendered (Downloaded on 12/11/2023 at 06:54:54 AM) [2023:RJ-JD:32697] (2 of 2) [CW-14534/2023] in batch of writ petition led by S.B. Civil Writ Petition No.21/2020 (Vijay Singh vs. State of Rajasthan & Ors.). The operative part of the said order reproduced as under:-
"41. Hence, looking to the binding effect of above judgment of Hon'ble Apex Court in the case of C.P. 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 1st July on account of their conduct for the 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 certified copy of this order.
43. With the aforesaid directions, all these petitions stand disposed of.
44. Stay applications and all applications (pending, if any) also stand disposed of".
In view of the above, the present writ petition is also disposed in terms of the order passed by this Court in Vijay Singh's case (supra).
The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J 224-AnilSingh/-
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