[2023:RJ-JD:36779] (1 of 3) [CW-13868/2023] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13868/2023 Phoolchand Semplar S/o Chhote Lal, Aged About 67 Years, Gujrati Kumhar Mohalla, Abu Road, District Sirohi (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Mines And Geology, Government Of Rajasthan, Secretariat, Jaipur.
2. The Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur.
3. The Director, Directorate Of Pension And Pensioners Welfare, Rajasthan, Jyoti Nagar, Jaipur.
4. Joint Director, Directorate Of Pension And Pensioners Welfare, Rajasthan, Jodhpur.
5. The District Collector, Sirohi
6. The Director, Mines And Geology Department, Udaipur (Raj.)
----Respondents For Petitioner(s) : Mr. J.P. Bhardwaj HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 30/10/2023 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:-
(Downloaded on 12/11/2023 at 08:12:57 AM)[2023:RJ-JD:36779] (2 of 3) [CW-13868/2023] "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 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 (Downloaded on 12/11/2023 at 08:12:57 AM) [2023:RJ-JD:36779] (3 of 3) [CW-13868/2023] 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 (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.
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.
(DR. PUSHPENDRA SINGH BHATI),J 391-Shahenshah/-
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