Bhanwar Lal Mistri vs State Of Rajasthan-State ...
2023 Latest Caselaw 6180 Raj

[2023:RJ-JD:26538]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11997/2023

Bhanwar Lal Mistri S/o Shri Magan Lal, Aged About 72 Years, By Caste Mistri, R/o Malvi Niwas, Kesharganj Road, Aburoad, District Sirohi (Raj.).

----Petitioner Versus

1. State Of Rajasthan-State, Through Principal Secretary, Department Of Public Health Engineering Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur.

3. The Director, Department Of Pension And Pensioner's Welfare, Rajasthan, Jyoti Nagar, Jaipur.

4. Joint Director, Department Of Pension And Pensioner's Welfare, Rajasthan, Jodhpur.

5. The District Collector, Sirohi.

6. The Chief Engineer, Phed, Department, Jaipur, 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:-

[2023:RJ-JD:26538] (2 of 3) [CW-11997/2023]

"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

[2023:RJ-JD:26538] (3 of 3) [CW-11997/2023]

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.

(VINIT KUMAR MATHUR),J 175-Vivek/-

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