Ramavtar Sharma vs The State Of Rajasthan ...
2023 Latest Caselaw 6258 Raj

[2023:RJ-JD:26785]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12146/2023

Ramavtar Sharma S/o Shri Ramdev, Aged About 69 Years, R/o Village Ranasar Via Mukundgarh, Distt. Jhunjhunu (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, Education Department, Secretariat, Jaipur (Raj.).

2. The Director, Secondary Education, Directorate, Education Department, Bikaner (Raj.).

3. The Joint Director, Secondary Education, Churu Circle, Churu (Raj.).

4. The Director, Directorate Of Pension And Pensioners Welfare, Govt. Of Rajasthan, Jyoti Nagar, Lalkothi, Jaipur, Rajasthan 302015.

                                                                      ----Respondents


For Petitioner(s)              :    Mr. Sunil Kumar Singodiya
For Respondent(s)              :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/08/2023

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

[2023:RJ-JD:26785] (2 of 2) [CW-12146/2023]

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.

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).

(VINIT KUMAR MATHUR),J 201-SanjayS/-

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