Om Prakash Babal vs District And Session Judge ...
2023 Latest Caselaw 5918 Raj

[2023:RJ-JD:25729]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1313/2022

Om Prakash Babal S/o Shri Hari Singh Babal, Aged About 60 Years, Byecaste Jat, R/o House No. 62, Sector No. 6, Near Chuna Fatak, Hanumangarh (Rajasthan).

----Petitioner Versus

1. District And Session Judge Hanumangarh, District Hanumangarh (Raj.).

2. Registrar, Rajasthan High Court, Jodhpur (Rajasthan).

3. Joint Director, Pension And Pensionery Welfare Department, Bikaner (Rajasthan).

                                                                     ----Respondents


For Petitioner(s)              :    None
For Respondent(s)              :    Ms. Abhilasha Kumbhat
                                    Mr. Ravi Panwar, AGC

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/08/2023

Nobody is present on behalf of the petitioner.

Heard learned counsel for the respondents.

This Court on 06.07.2023 passed the following order:-

"Though by order dated 7/9/2022 it was noticed that the writ petition was squarely covered by Division Bench Judgment in Safi Mohammad & Ors. vs. State of Rajasthan & Ors. : D.B. Civil Writ Petition No. 6024/2021, decided on 1/12/2021, it has come to the notice of this Court that in Director (Admn. & HR) KPTCL & Ors vs. C.P. Mundinamani & Ors. : AIR 2023 SC 1956 the Hon'ble Supreme Court has laid down the principle which supports the cause of the petitioner.

In that view of the matter, a copy of the writ petition be served on Ms. Abhilasha Kumbhat, who may complete her instructions in the matter and file reply.

[2023:RJ-JD:25729] (2 of 2) [CW-1313/2022]

The petition be listed after three weeks. Office is directed to reflect the name of Ms. Abhilasha Kumbhat in the cause list."

Thereafter, time was granted to the learned counsel for the

respondents for completing the instructions. Learned counsel for

the respondents has not filed any reply in the present case.

However, she is not in a position to controvert the fact that the

present writ petition is squarely covered by a Division Bench

judgment of this Court in Safi Mohammad & Ors. Vs. State of

Rajasthan & Ors. (D.B. Civil Writ Petition No.6024/2021)

decided on 01.12.2021.

Further, the relief as prayed for in the present writ petition is

also liable to be granted in view of the judgment of the Hon'ble

Supreme Court in the case of Director (Admn. & HR) KPTCL &

Ors. Vs. C.P. Mundinamani & Ors., reported in AIR 2023 SC

1956.

In view of the law laid down and the submission made before

this Court, the present writ petition merits acceptance and the

same is allowed. The respondents are directed to consider the

grant of annual grade increment to the petitioner on 01.07.2021,

which became due on 30.06.2021 and accordingly, make the

fixation of pay as well as pension in light of the judgment stated

above.

The needful shall be done within a period of six weeks from

the date of receipt of certified copy of this order.

(VINIT KUMAR MATHUR),J 32-Shahenshah/-

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