Rajasthan High Court - Jodhpur

Smt. Manjula Shukla vs The State Of Rajasthan ... on 13 December, 2023

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 19096/2023

1.       Smt. Manjula Shukla W/o Shri Rajendra Prasad Shukla,
         Aged About 65 Years, R/o Ward No. 11, Pujarwada, Tehsil
         Sagwara, Dist Dungarpur (Ppo No. 1076854)
2.       Tej Prakash Joshi S/o Shri Lal Shanker Joshi, Aged About
         67 Years, R/o Ward No. 3, Mukampost Tamtiya, Bhraman
         Basti, Tamtiya District Dungarpur (Ppo No. 1031642)
3.       Dinesh Chandra Pandya S/o Shri Ram Chandra Pandya,
         Aged        About      60      Years,      R/o       Seemalwara,       District
         Dungarpur (Ppo No. 1193853)
4.       Smt. Kaushalya Sharma W/o Shri Govardhan Lal Sharma,
         Aged About 63 Years, R/o Ward No. 4, House No. B 228,
         Punarwas Colony, Sagwara, District Dungarpur (Ppo No.
         1095217
5.       Pradyumn Shah S/o Shri Satynaryan Shah, Aged About
         62 Years, R/o House No. 256, Kharadi Wara, Sagwara,
         District Dungarpur (Ppo No. 1153324)
6.       Narendra Kumar Sargiya S/o Shri Chetan Lal Sargiya,
         Aged About 63 Years, R/o Ward No. 12 Pujarwada,
         Sargiya Mohalla, Sagwara, District Dungarpur (Ppo No.
         1125459)
7.       Smt. Aruna Mehta W/o Shri Kunj Bihari Mehta, Aged
         About 65 Years, R/o Bus Stand, Khadagada, Khargada,
         District Dungarpur (Ppo No. 1093034)
8.       Mohan Lal Patidar S/o Shri Khemji Patidar, Aged About 62
         Years, R/o Ward No. 6 Nadiya, District Dungarpur (Ppo
         No. 1147261).
9.       Chandu Lal Bunker S/o Shri Lalji Bunker, Aged About 62
         Years, R/o Mandav, District Dungarpur (Ppo No. 1160324)
10.      Ashok Kumar Sharma S/o Shri Natwar Lal Sharma, Aged
         About 65 Years, R/o Ward No. 8, Salathwada, Tehsil
         Sagwara, District Dungarpur (Ppo No. 1080965)
11.      Sohan Lal Choubisa S/o Sh. Lal Shanker Choubisa, Aged
         About       60    Years,      R/o      Ward       No-3,      Brahman    Basti,
         Usmaniya, Ost Bhevdi, Tehsil Aaspur, Dist Dungarpur (Ppo
         No 1193864)
12.      Mohan Lal Patidar S/o Sh. Rupeng Ji Patidar, Aged About
         60 Years, R/o Ward No-7, Vill Moval, Nogama, Thakarda,

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         Tehsil Sagwara, Dist Dungarpur (Ppo No 1641762)
13.      Ram Shankar Patidar S/o Sh. Khem Ji Patidar, Aged About
         66 Years, R/o Ward No 10, Sakodara, Cheekhli, Dist
         Dungarpur (Ppo No 1052982)
14.      Devender Kumar Patidar S/o Sh. Hareng Ji Patidar, Aged
         About       71    Years,      R/o      Patidar      Basti,   Ambada,   Dist
         Dungarpur (Ppo No 578687)
15.      Govind Singh Chauhan S/o Devi Singh Chauhan, Aged
         About 62 Years, R/o Ward No 8, Bedsa, Vedsa, Tehsil
         Simbalwara, Dist Dungarpur (Ppo No 1169622)
16.      Jai Prakash Sevak S/o Sh. Laxmi Lal Sevak, Aged About
         63 Years, R/o Nagada Mandir Ke Samne, Tehsil Salumbar,
         Dist Udaipur (Ppo No 1121734)
17.      Prem Shankar Choubisa S/o Sh. Moti Lal Choubisa, Aged
         About 63 Years, R/o Moti Magri, Noli, Dist Udaipur (Ppo
         No 1143595)
18.      Tulsi Ram Choubisa S/o Sh. Kanhiya Lal Choubisa, Aged
         About 65 Years, R/o Ram Nagar, Intali Kheda, Tehsil
         Salumber, Dist Udaipur (Ppo No 1056722)
19.      Basant Kumar Choubisa S/o Kanhiya Lal Choubisa, Aged
         About 63 Years, R/o Vil. Intali Kheda, Ram Nagar, Tehsil
         Salumber, Dist Udaipur (Ppo No 1143682)
20.      Smt. Manjula Dixit W/o Sh. Dinesh Chandra Dixit, Aged
         About 63 Years, R/o Telephone Exchange Road, Ravindra
         Nath Colony, Housing Board, Dist. Dungarpur (Ppo No
         1122153)
21.      Shankar Lal S/o Sh. Huka Ji Roat, Aged About 61 Years,
         R/o Ward No-8, Mukam Udaipura Mafi, Post Gamda,
         Brahmaniya, Dist Dungarpur (Ppo No- 1169400)
22.      Ramlal Patidar S/o Sh. Mathura Ji Patidar, Aged About 73
         Years, R/o Ward No-25, Bhuwenashar Colony, Opp. Naya
         Bus Stand, Dist- Dungarpur (Ppo No- 574209)
23.      Bhagwan Lal Patidar S/o Sh. Kacharu Ji Patidar, Aged
         About 64 Years, R/o Ward No-8, Patidar Basti, Mukam
         Post- Ambada, Dist- Dungarpur (Ppo No- 1098777)
24.      Smt. Ganga Devi Patidar W/o Sh. Khem Ji Patidar, Aged
         About 61 Years, R/o Bus Stand Road, Salampura, Dist-
         Dungarpur (Ppo No- 1169353)


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25.      Mangal Patidar S/o Shri Kachru Patidar, Aged About 61
         Years, R/o Ward No. 2, Chikhli, District Dungarpur (Ppo
         No. 1181587)
26.      Gulab Chand Patidar S/o Shri Tajeng Patidar, Aged About
         65 Years, R/o Ward No. 4, Patidar Basti, Chote Shiv
         Mandir Ke Pass, Ghotad, District Dungarpur (Ppo No.
         1056728)
27.      Laxman Das Vaishnav S/o Shri Gulab Das Vaishnav, Aged
         About 61 Years, R/o Ward No. 4, Mukam Rangthor,
         Thakarda, District Dungarpur (Ppo No. 1170640)
28.      Rajendra Kumar Chobisa S/o Shri Hem Nath Chobisa,
         Aged About 60 Years, R/o Ward No. 7, Selota, Samaliya,
         District Dungarpur (Ppo No. 1193557)
29.      Khuman Singh Chouhan S/o Shri Ratan Singh Chouhan,
         Aged About 63 Years, R/o Village Richha, Tehsil Sabla
         Aaspur, District Dungarpur (Po No. 1123727)
30.      Rajneekant Jain S/o Shri Chetanlal Jain, Aged About 60
         Years, R/o Ward No. 07, Jain Mohalla, Mukam Post Chitri,
         District Dungarpur (Ppo No. 1196715)
31.      Brijmohan Pandya S/o Shri Hari Vallabh Pandya, Aged
         About       66    Years,      R/o     Village      Post      Khadgda,    Tehsil
         Sagwara, District Dungarpur (Ppo No. 1083949)
32.      Shiv Shanker Pandya S/o Bhawani Shanker Pandya, Aged
         About 63 Years, R/o House No. 15, Village Post Jariyana,
         Tehsil Sable, District Dungarpur (Ppo No. 1192261)
33.      Shiv Ram Patidar S/o Shri Prem Patidar, Aged About 68
         Years, R/o Patidar Mohalla, Divda Wala Fala, Gowari,
         Tehsil Sagwara, District Dungarpur (Ppo No. 100597)
34.      Roop Lal Patidar S/o Shri Prem Patidar, Aged About 73
         Years, R/o Ward No. 03, Dhvla Fala, Gowari, District
         Dungarpur (Ppo No. 576228)
35.      Arjun Lal Damor S/o Shri Mangliya Damor, Aged About 60
         Years, R/o Mukam Naka Fala, Post Ambada, Doodiya
         Mohalla, District Dungarpur (Ppo No. 1649855)
36.      Ishwar Singh Solanki S/o Shri Dhul Singh Solanki, Aged
         About 61 Years, R/o Ward No. 1, Rajput Basti, Udaipura
         Khalsa,          Gamrabamniya,              Tehsil       Sagwara,       District
         Dungarpur (Ppo No. 1169401)
37.      Madhav Lal Patidar, Aged About 61 Years, R/o Ward No. 1,

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         Village Padliya, Tehsil Simalwara, District Dungarpur (Ppo
         No. 1191471).
38.      Tej Singh Sisodiya S/o Shri Kesar Singh Sisodiya, Aged
         About       70     Years,      R/o     Gada      Halkiya,       Raika,     District
         Dungarpur (Ppo No. 582846).
39.      Vasudev Patidar S/o Shri Nathu Patidar, Aged About 62
         Years, R/o Ward No. 4, Mukam Post Padwa, Laxminarayan
         Mandir, Parwa, District Dungarpur (Ppo No. 1147901).
40.      Prabha Gupta W/o Shri Prabhu Lal Gupta, Aged About 65
         Years, R/o Ward No. 1, Neema Street, Tehsil Sagwara,
         District Dungarpur (Ppo No. 1079023).
41.      Natwar Lal Patel S/o Shri Roop Chand Patel, Aged About
         61 Years, R/o Barboodaniya, District Dungarpur (Ppo No.
         1191262).
42.      Raman Lal Patidar S/o Shri Bakor Patidar, Aged About 64
         Years,      R/o     Ward       No.     20,     Village        Patelwara,    Tehsil
         Sagwara, District Dungarpur (Ppo No. 1104052).
43.      Smt. Rekha Pandya W/o Shri Nagesh Kumar Pandya,
         Aged About 61 Years, R/o 2/51, Dev Vila, Shivaji Nagar,
         Rajasthan Housing Board, District Dungarpur (Ppo No.
         1171151)
44.      Smt. Lata Shukla W/o Shri Ramesh Chandra Shukla, Aged
         About 62 Years, R/o House No. 1078, Gyan Nagar, Hiran
         Magri, Sector -4, Udaipur (Po No. 1150514).
45.      Ratan Gehlot S/o Shri Sukh Dev Gehlot, Aged About 64
         Years, R/o House No. 1-I-8, Housing Board, District
         Banswara. (Ppo No. 1108032)
46.      Paveen Chand Mehta S/o Shri Chanchar Lal Mehta, Aged
         About 67 Years, R/o Ward No. 05, Padoli Rathor, Ghatol,
         District Banswara (Ppo No. 1033304)
47.      Ramakant Mehta S/o Shri Chanchar Lal Mehta, Aged
         About 64 Years, R/o Ward No. 05, Padoli Rathor, Ghatol,
         District Banswara (Ppo No. 1190114)
48.      Usha Prajapat W/o Shri Babu Lal, Aged About 63 Years,
         R/o Court Road, Ward No. 01, Kushalgarh, District
         Banswara (Ppo No. 1121311)
49.      Babu Lal Prajapat S/o Shri Nanu Ram Prajapat, Aged
         About       70     Years,      R/o      Court      Road,       Ward      No.   01,
         Kushalgarh, District Banswara (Ppo No. 581186)

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50.      Sukh Dev Joshi S/o Shri Hari Shanker Joshi, Aged About
         69 Years, R/o 22 Wadiya Colony, District Banswara (Ppo
         No. 582665)
                                                                      ----Petitioners
                                       Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Department Of Finance, Govt. Of Rajasthan, Secretariat,
         Jaipur.
2.       The       Principal      Secretary,          Education        Development
         Department, Govt. Of Rajasthan, Jaipur.
3.       The Director, Elementary Education, Directorate, Bikaner.
4.       The       Director,      Pension          And       Pensioners        Welfare
         Department, Jaipur.
5.       The     Deputy     Director,       Secondary          Education,      Udaipur
         Division, Udaipur.
6.       The     Additional     Departmnet,           Pension       And     Pensioners
         Welfare Department, Regional Office, Udaipur.
7.       The Panchayat Elementary Education Officer, Adarsh
         Govt. Sr. Sec. School, Veersinghpur, Block Sagwara,
         District Dungarpur.
8.       The Principal, Adarsh Govt. Sr. Sec. School, Orwariya,
         District Dungarpur.
9.       The Principal, Govt. Sr. Sec. School, Bichchiwara, District
         Dungarpur.
10.      Block       Elementary      Education         Officer,     Block    Sagwara,
         District Dungarpur.
11.      The Principal, Govt. Gori Upadhaya Sr. Sec. School,
         Bhiluda, Block Sagwara, District Dungarpur.
12.      The Principal, Govt. Sr. School, Karada, Block Sagwara,
         District Dungarpur.
13.      The Principal, Adarsh Govt. Sr. Sec. School, Limdi, Block
         Galiyakot, District Dungarpur.
14.      The Principal, Giovt. Sr. Sec. School, Nadiya, Block
         Galiyakot, District Dungarpur.
15.      The Principal, Govt. Sr. School, Kokapur, Block Sagwara,
         District Dungarpur.
16.      The Principal, Adarsh Govt. Sr. Sec. School, Ganda


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         Bramaniya, Block Sagwara, District Dungarpur.
17.      The Principal, Govt. Sr. Sec. School, Saroda, District
         Dungarpur.
18.      The Principal, Govt. Sr. Sec. School, Ranoli, District
         Dungarpur.
19.      The Principal, Govt. Sr. Sec. School, Bavdi, Block Chikhali,
         District Dungarpur.
20.      The Principal, Govt. Sr. Sec. School, Decha, District
         Dungarpur.
21.      The Principal, Lt. Shri Dhoolji Bhai Verma Govt. Sr. Sec.
         School, Karawada, District Dungarpur.
22.      The Principal, Govt. Sr. Sec. School, Devgaon, Block
         Jhalara, District Udaipur.
23.      The Principal, Govt. Sr. Sec. School, Jhallara, Block
         Jhallara, District Udaipur.
24.      The    Principal,   Govt.      Sr.      Sec.    School,   Dagar,   Block
         Salumbar, District Udaipur.
25.      The Principal, Umashanker Bhatt Govt. Sr. Sec. School,
         Intaliyakhera, Block Salumbar, District Udaipur.
26.      The Principal, Govt. Sr. Sec. School, Vagdari, Block
         Dungarpur, District Dungarpur.
27.      The Principal, District Institute Of Education And Training,
         District Dungarpur.
28.      The Principal, Adarsh Govt. Sr. Sec. School, Parda Mehta,
         Block Sagwara, District Dungarpur.
29.      The Principal, Govt. Sr. Sec. School, Padli Gujreshwar,
         Block Jhonthari, District Dungarpur.
30.      The Principal, Govt. Sr. Sec. School, Ghata Ka Gaon,
         Block Galiyakot, District Dungarpur.
31.      The Principal, Govt. Sr. Sec. School, Ghotad, District
         Dungarpur.
32.      The Principal, Shree Bhanji Bhai Patel Govt. Sr. Sec.
         School, Faloj, Block Dovda, District Dungarpur.
33.      The Principal, Govt. Sr. Sec. School, Pal Nithauwa, Block
         Sabla, District Dungarpur.
34.      The Principal, Govt. Sr. Sec. School, Bhadga, District
         Dungarpur.


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35.      The Principal, Adarsh Govt. Sr. Sec. School, Obri, District
         Dungarpur.
36.      The Principal, Govt. Sr. Sec. School, Bodigama Chhota,
         Block Sabla, District Dungarpur.
37.      The Principal, Govt. Mahipal Sr. Sec. School, Sagwara,
         District Dungarpur.
38.      The Senior Dy. District Education Officer, Elementary
         Education, Sagwara, District Dungarpur.
39.      The Principal, Govt. Sr. Sec. School, Bhemai, Block
         Simalwara, District Dungarpur.
40.      The Principal, Govt. Sr. Sec. School, Sakarsi, Block
         Simalwara, District Dungarpur.
41.      The Principal, Govt. Sr. Sec. School, Aashpur, District
         Dungarpur.
42.      The Principal, Govt. Sr. Sec. School, Gamdi Devki, Block
         Sagwara, District Dungarpur.
43.      The Principal, Adarsh Govt. Sr. Sec. School, Ara, Block
         Sagwara, District Dungarpur.
44.      The Chief District Education Officer And Ex. Officio District
         Project Coordinator, Smsa, District Banswara.
45.      The Principal, Govt. Sr. Sec. School, Chotad, District
         Dungarpur.
46.      The Principal, Govt. Sr. Sec. School, Antri, Block Dovda,
         District Dungarpur.
47.      The Principal, Govt. Girls Sr. Sec. School, Seredi Badi,
         Block Garhi, District Banswara.
48.      The Panchayat Elementary Education Officer, Govt. Sr.
         Sec. School, Tejpur, District Banswara.
49.      The Principal, Govt. Girls Sr. Sec. School, Amarthun,
         Panchayat Samiti Ghatol, District Banswara.
50.      The Principal, Govt. Sr. Sec. School, Padoli Rathor, District
         Banswara.
51.      The Principal, Govt. Girls Sr. Sec. School, Kushalgarh,
         Block Kushalgarh, District Banswara.
52.      The Principal, Govt. Nagar Sr. Sec. School, District
         Banswara.
                                                                  ----Respondents


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For Petitioner(s)         :     Mr. Jitendra Choudhary
                                Mr. Rishabh Tayal
For Respondent(s)         :     Mr. Anupam Gopal Vyas



               HON'BLE MR. JUSTICE ARUN MONGA

Order

13/12/2023

1. Petitioners have filed present writ petition with the following

prayer:-

"(a) by an appropriate writ, order or direction the writ petition filed by petitioner may kindly be allowed.

(b) by an appropriate writ, order or direction, the petitioners may be held entitled to get the benefits of annual increment falling due on 1st of July and further, the respondents may be directed to grant the consequential benefits to the petitioners and make payment of arrears of annual grade increment by making re-fixation and by passing an appropriate order for grant of annual grade increment.

(c) by an appropriate writ, order or direction, the respondents authorities may be directed to grant benefits of increment with the directions to the Pension Department to re-fix the petitioners pension and to issue appropriate orders and the arrears of the pension may be paid to the petitioners within a specified period as deems fit by the Hon'ble Court.

(d) Any other appropriate order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

(e) Cost of the writ petition may also please be awarded in favour of the petitioner."

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2. Both the learned counsels are ad idem that the controversy

herein is no more res integra as the same has been effectively

adjudicated by a Coordinate Bench of this Court at Jaipur vide

judgment rendered in S.B. Civil Writ Petition No. 21/2020 and

other connected matters. Relevant portion of the said judgment

is reproduced hereinbelow:-

"39. When the position of law is almost identical everywhere in the other States and when the benefit of Annual Increment is given to such employees like the petitioners, then denial of such benefits to the petitioner would amount to violation of their right of equality enshrined under Article 14 of the Constitution of India.

40. Since all the judgments of various High Courts and Hon'ble Apex Court were not brought into the notice of Division Bench of this Court at the time of decision of Safi Mohd.(supra) and after the decision of the case of Safi Mohd.(supra), two judgments have been delivered by the Hon'ble Apex Court in the case of C.P. Mundinamani(supra) and All India Judges Association (supra) in favour of the employees like the petitioners by holing that the persons would be entitled to get benefits of annual increments even on the date of their retirement i.e. on 30th June. Hence, under the change circumstances the petitioners are also entitled for the same benefits.

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 1 st 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

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three months from the date of receipt of certified copy of this order.