Rajasthan High Court - Jodhpur
Dwarka Das Meghani vs State Of Rajasthan (2023:Rj-Jd:41698) on 2 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:41698]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18676/2023
1. Dwarka Das Meghani S/o Late Shri Gehi Mal, Aged About
65 Years, R/o Plot No. 1 Sindhi Colony Opp. Shastri Nagar
Post Office, Jodhpur.
2. Shyam Sunder Aasopa S/o Late Shri Laxmi Narayan,
Aged About 67 Years, R/o 145- Baldev Nagar Masuriya,
Jodhpur.
3. Bhanwar Lal Tunwal S/o Shri Ramdev, Aged About 65
Years, R/o Meda Sarbas, Deedwana.
----Petitioners
Versus
1. State Of Rajasthan, Through The Director, Directorate Of
Pension And Pensioners Welfare, Rajasthan, Jyoti Nagar,
Jaipur.
2. The Commissioner, Transport Department, Jodhpur.
3. The Regional Transport Officer, Jodhpur.
4. District Transport Officer, Deedwana.
----Respondents
For Petitioner(s) : Mr. Amit Sharma.
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
02/12/2023
Learned counsel for the petitioners submitted 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 :-
[2023:RJ-JD:41698] (2 of 3) [CW-18676/2023]
"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 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".
Learned counsel, therefore, prays that the petitioners may
be permitted to file a detailed representation before the
competent authorities for redressal of their grievances.
In view of the above, the present writ petition is disposed
with liberty to the petitioners to file a representation to the
competent authorities of the department and the competent
authorities of the department are directed to decide the same
within a period of four weeks from the date of receipt of such
representation, keeping in mind the law laid down by this Court in
the case of Vijay Singh (supra).
[2023:RJ-JD:41698] (3 of 3) [CW-18676/2023]
Stay application also stands disposed of.
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.
(KULDEEP MATHUR),J
326-Tikam/-
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