[2023:RJ-JD:32988] (1 of 2) [CW-15286/2023] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15286/2023 Manohar Lal Joshi S/o Shri Shankar Lal Joshi, Aged About 63 Years, R/o Ward No. 04 Chokhala Road, Village And Post Barodia, District Banswara (Raj.).
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Department Of Secondary Education, Bikaner (Raj.).
3. The Joint Director, Pension And Pensioner's Welfare Department, Udaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. P. R. Mehta
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 05/10/2023 Learned counsel for the petitioner 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 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 (Downloaded on 12/11/2023 at 07:00:17 AM) [2023:RJ-JD:32988] (2 of 2) [CW-15286/2023] 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 petitioner would be entitled to the relief.
(VINIT KUMAR MATHUR),J 88-AnilSingh/-(Downloaded on 12/11/2023 at 07:00:17 AM)
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