Satish Singh Rathore vs State Of Rajasthan (2023:Rj-Jd:42464)
2023 Latest Caselaw 10469 Raj

Citation : 2023 Latest Caselaw 10469 Raj
Judgement Date : 6 December, 2023

Rajasthan High Court - Jodhpur

Satish Singh Rathore vs State Of Rajasthan (2023:Rj-Jd:42464) on 6 December, 2023

[2023:RJ-JD:42464]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 18710/2023

Satish Singh Rathore S/o Keshav Rao Ji, Aged About 64 Years,
H.no. - 476, C - Block Sector No. - 9, Savina, Udaipur (Raj.)
313002. Last Posted As Health Inspector At Block Chief Medical
And Health Officer, Sarada, District - Udaipur (Raj.).
                                                                          ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through The Secretary, Medical And
         Health Department, Jaipur (Rajasthan).
2.       The Joint Director (Administration), Medical And Health
         Department, Jaipur (Rajasthan).
3.       The     Chief        Medical       And       Health         Officer,   Udaipur
         (Rajasthan).
4.       Block       Chief    Medical       Officer,      Phc,       Sarada,    Udaipur
         (Rajasthan).
5.       The Government Of Rajasthan, Directorate, Pension And
         Pensioners Welfare Department, Jaipur, Rajasthan.
6.       The     Joint       Director,     Regional         Office,      Pension   And
         Pensioners Welfare Department, Udaipur (Raj.).
                                                                      ----Respondents


For Petitioner(s)              :    Mr. Rajesh Shah for
                                    Mr. Naveen Mohan Vyass
For Respondent(s)              :



               HON'BLE MR. JUSTICE ARUN MONGA

Order

06/12/2023

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

[2023:RJ-JD:42464] (2 of 3) [CW-18710/2023]

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 is 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.