Arjun Lal Jat vs State Of Rajasthan ...
2023 Latest Caselaw 6205 Raj

Citation : 2023 Latest Caselaw 6205 Raj
Judgement Date : 23 August, 2023

Rajasthan High Court - Jodhpur

Arjun Lal Jat vs State Of Rajasthan ... on 23 August, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:26786]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12198/2023

1. Arjun Lal Jat S/o Shri Badri Prasad Jat, Aged About 60 Years, R/o Vpo Jajekalan, Tehsil Shahpura, District Jaipur, Rajasthan.

2. Dr. Nanuram Jat S/o Shri Girdhari Lal Jat, Aged About 60 Years, R/o Shrinath Colony, Shahpura, Jaipur Tiraha, Jaipur, Rajasthan.

3. Jagdish Prasad Jat S/o Shri Bala Sahai Jat, Aged About 64 Years, R/o Dhani Ladi Hali, Village Ramchandrapura, Shahpura, Jaipur, Rajasthan.

4. Kailash Chandra Jat S/o Shri Girdhari Lal Jat, Aged About 62 Years, R/o Village Rajpura, Post Bidara, Via Shahpura, District Jaipur, Rajasthan.

5. Anil Kumar Sharma S/o Shri Bhanwar Lal Sharma, Aged About 62 Years, R/o Vpo Manoharpur, Panchmukhi Hanuman Colony, Tehsil Shahpura, District Jaipur, Rajasthan.

6. Murlidhar Yadav S/o Gheesa Lal, Aged About 62 Years, R/o Dhani Ramukawali, Village Rajpura, Post Bidara, Tehsil Shahpura, District Jaipur, Rajasthan.

7. Deen Dayal Jat S/o Shri Surjaram Jat, Aged About 62 Years, R/o Kapuriyon Ki Dhani, Village Rajpura, Post. Bidara, Tehsil Shahpura, District Jaipur, Rajasthan.

8. Chhitar Mal Jat S/o Shri Omkar Mal Jat, Aged About 61 Years, R/o Dhani Kapuriyon Wali, Ward No. 4, Vpo Khora Ladkhani, Tehsil Shahpura, District Jaipur Rajasthan.

9. Dr. Lal Chand Meena S/o Late Shri Arjun Lal Meena, Aged About 60 Years, R/o Devan Tiraha, Opposite Sanskrit School, Nhw 8, Shahpura, District Jaipur, Rajasthan.

10. Dr. Ashok Kumar Sharma S/o Late Shri Madan Lal Sharma, Aged About 60 Years, R/o D-5, Murlipura Scheme Circle, Sikar Road, Jaipur, Rajasthan.

11. Dr. Gauri Shankar Sharma S/o Shri Hanuman Sahai Sharma, Aged About 60 Years, R/o Vpo Morija, Tehsil Chomu, District Jaipur, Rajasthan.

12. Narpat Singh S/o Samdan Singh, Aged About 67 Years, R/o V/p Burchha Tehsil Bhopalgarh, District Jodhpur.

[2023:RJ-JD:26786] (2 of 3) [CW-12198/2023]

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Finance, Secretariat, Rajasthan, Jaipur.

2. The Deputy Secretary, Higher Education, Govt.

Secretariat, Jaipur.

3. The Deputy Secretary, Yog And Naturopathy Medical, Unani, Siddha And Homoeopathy (Ayush) Department, Govt. Secretariat, Rajasthan, Jaipur.

4. The Director, Secondary Education, Bikaner.

5. The Director, Department Of Ayurved, Jaipur, Rajasthan.

6. The Commissioner, College Education, Shiksha Sankul, Jaipur.

7. The Joint Director, School Education, Jaipur Division, Jaipur.

8. The Joint Director, Ayurved Department, Jaipur (A), Jaipur.

9. The District Education Officer (Hq), Secondary Education Jaipur.

10. The Director, Treasury And Accounts Department, Rajasthan, Jaipur.

11. The Director, Department Of Pension And Pension Welfare, Rajasthan, Jaipur.

12. The Assistant Engineer, Water Resource, Sub Division Rojdi, Head Quarter Chhatargarh, Bikaner (Raj.)

----Respondents

For Petitioner(s) : Mr. Sandeep Kalwania For Respondent(s) :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/08/2023

Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by a

[2023:RJ-JD:26786] (3 of 3) [CW-12198/2023]

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 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.