Rajasthan High Court - Jodhpur
Sukha Ram Choudhary vs State Of Rajasthan ... on 29 August, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:27417]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11835/2023
1. Sukha Ram Choudhary S/o Shri Nanuram Chodhary, Aged
About 70 Years, R/o Near 1/103 H, Pradhan Ka Jaanv,
Devipura, District Sikar, Rajasthan.
2. Shokat Ali S/o Shri Phule Khan, Aged About 61 Years, R/o
220 Kv Gss Colomy Ke Samne, Fatehpur Road, Near
Fatima Masjid, Ward No. 65, Sikar, Rajasthan
3. Boodraj Singh S/o Shri Ramchandra Singh, Aged About
66 Years, R/o Bhanwar Colony, Behind Mandi, Ward No.
48, Sikar, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Finance
Secretary, Secretariat, Rajasthan, Jaipur.
2. The Director, Police Communication (First), Rajasthan,
Jaipur.
3. The Managing Director, Ajmer Vidyut Vitran Nigam
Limited, Ajmer.
4. The Assistant Engineer (Csd-I), Avvnl, Sikar
5. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
6. The Director, Department Of Pension And Pensioners
Welfare, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
29/08/2023
Learned counsel for the petitioners 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
[2023:RJ-JD:27417] (2 of 2) [CW-11835/2023]
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.
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).
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
petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J
72-Shahenshah/-
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