Hari Ram Dukiya vs State Of Rajasthan (2023:Rj-Jd:43946)
2023 Latest Caselaw 10716 Raj

Rajasthan High Court - Jodhpur

Hari Ram Dukiya vs State Of Rajasthan (2023:Rj-Jd:43946) on 15 December, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:43946]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Writ Petition No. 19300/2023

1.       Hari Ram Dukiya S/o Shri Guman Ram Dukiya, Aged
         About 67 Years, Village Firozpura, Kuchera, District
         Nagaur Rajasthan.
2.       Om Prakash Sharma S/o Shri Rameshwar Dayal Sharma,
         Aged About 68 Years, R/o Chaubara, Alwar, Rajasthan.
3.       Trilochan Singh S/o Shri Jagat Singh, Aged About 69
         Years, R/o Chitkara Colony, Ramgarh, District Alwar,
         Rajasthan.
4.       Hari Singh Meena S/o Shri Kanni Ram Meena, Aged About
         60 Years, R/o Kainchki, Bharatpur, Rajasthan.
5.       Devi Sahai Sharma S/o Shri Ramkishor Sharma, Aged
         About 61 Years, R/o Chitosh, Alwar, Rajasthan.
6.       Rajendra Kumar Tiwari S/o Shri Prahlad Narayan Sharma,
         Aged About 65 Years, R/o Chitosh, Alwar, Rajasthan.
7.       Mahaveer Singh S/o Shri Bane Singh, Aged About 63
         Years, R/o Dhigawara, Alwar, Rajasthan.
8.       Chandra Sekhar Sharma S/o Shri Chunni Lal, Aged About
         60 Years, R/o Block No.02, Flat No.107, Ashiyana Aangan,
         Bye Pass Road, Bhiwadi, Alwar, Rajasthan.
9.       Devi Sahai Gupta S/o Shri Gangal Ram, Aged About 73
         Years, R/o Plot No.16, Vijay Nagar, Alwar, Rajasthan.
10.      Lalta Prasad Saini S/o Shri Lallu Ram Saini, Aged About
         61 Years, R/o B-11, Ambedkar Nagar, Alwar, Rajasthan.
11.      Sushma Midha W/o Shri Om Prakash Midha, Aged About
         62 Years, R/o 85, Scheme No.13, Keshav Nagar Alwar,
         Rajasthan.
12.      Geeta W/o Shri Badri Prasad, Aged About 61 Years, R/o
         Siwana Road, Adarsh Colony, Ward No.12, Khairthal,
         Alwar, Rajasthan.
13.      Ram Swaroop Sharma S/o Shri Ram Gopal Sharma, Aged
         About 70 Years, R/o 18, Devi Ji Ke Mandir Ki Gali,
         Chitosh, Alwar, Rajasthan.
14.      Om Prakash Sharma S/o Shri Manohar Lal Sharma, Aged
         About 70 Years, R/o Anawara, Alwar, Rajasthan.
15.      Ramkumar Yadav S/o Shri Ranjeet Singh Yadav, Aged
         About 68 Years, R/o Khorana, Tehsil Behror, Alwar,
         Rajasthan.
16.      Maya Jain W/o Shri Suresh Chand Jain, Aged About 65
         Years, R/o A-233, Hasan Khan Mewat Nagar, Alwar,
         Rajasthan.
17.      Hari Prasad Sharma S/o Shri Panna Lal Sharma, Aged
         About 73 Years, R/o Plot No.23, Subhash Nagar, Behind
         N.e.b. Near Bhardwaj Ashram, Alwar, Rajasthan.
18.      Mahesh Chandra Agarwal S/o Shri Dulli Chandra Agarwal,
         Aged About 60 Years, R/o 35, Shiv Colony, Tuleda Road
         Bye Pass, Alwar, Rajasthan.
19.      Kalyan Sahay Sharma S/o Shri Ramji Lal Sharma, Aged
         About 68 Years, R/o Rajgarh, Dubbi, Alwar, Rajasthan.
20.      Roshan Khan S/o Shri Ghasi Khan, Aged About 69 Years,
         R/o Kayam Khani Nagar, Sarhad Jhagarwas, Degana,

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         Nagaur, Alwar, Rajasthan.
21.      Nahar Singh S/o Shri Gopi Ram, Aged About 61 Years, R/
         o Jorawar Pura Ki Dhani, Idwa, Tehsil Degana, District
         Nagaur, Alwar, Rajasthan.
22.      Bhanwar Lal S/o Shri Madhu Ram, Aged About 61 Years,
         R/o Tandiyon Ka Bass, Idwa, Tehsil Degana, District
         Nagaur, Alwar, Rajasthan.
23.      Ramlal Choudhary S/o Shri Bhaga Ram Choudhary, Aged
         About 68 Years, R/o Maliyo Ka Mohalla, Tilanesh, Tehsil
         Degana, District Nagaur, Alwar, Rajasthan.
24.      Ram Niwas Pareek S/o Shri Mohan Lal, Aged About 70
         Years, R/o Ward No.1, Post Office Bajoli, Degana, District
         Nagaur, Rajasthan.
25.      Mangi Lal Choudhary S/o Shri Narayan Ram, Aged About
         62 Years, R/o 69, Jaton Ka Bass, Banwarla, Tehsil
         Degana, District Nagaur, Rajasthan.
26.      Babu Lal Pareek S/o Shri Bhanwar Lal, Aged About 68
         Years, R/o Degana Gaon, Tehsil Degana, District Nagaur,
         Rajasthan.
27.      Kheta Ram S/o Shri Narayan Ram, Aged About 68 Years,
         R/o Ward No.14, Thanwala, District Nagaur, Rajasthan.
28.      Hari Ram S/o Shri Kishana Ram, Aged About 61 Years, R/
         o Himmat Nagar, Tehsil Degana, District Nagaur,
         Rajasthan.
29.      Pukhraj Sharma S/o Shri Ram Krishan, Aged About 70
         Years, R/o Brahmano Ka Mohalla, Degana Gaon, Tehsil
         Degana, District Nagaur, Rajasthan.
30.      Chandra Singh S/o Shri Heera Singh, Aged About 62
         Years, R/o 26, Shakti Colony, Mogas, Tehsil Degana,
         District Nagaur, Rajasthan.
31.      Pitha Ram Kilak S/o Shri Likhama Ram, Aged About 71
         Years, R/o Ward No.03, 87 K, Adarsh Colony, Bus Stand
         Ke Piche, Goredi Chancha, Degana, District Nagaur,
         Rajasthan.
32.      Bhanwar Lal Saran S/o Shri Purkha Ram, Aged About 68
         Years, R/o School Khel Maidan Ke Pass, Goredi Chancha,
         Degana, District Nagaur, Rajasthan.
33.      Manju Shrimali W/o Late Shri Gopal Lal Dave, Aged About
         60 Years, R/o 17/73, Chopasani Housing Board, Jodhpur,
         Rajasthan.
34.      Mahaveer Singh Bhati S/o Shri Swaroop Singh Bhati,
         Aged About 71 Years, R/o Mehar Bhawan, 16/4, Poata C-4
         Road, Jodhpur, Rajasthan.
35.      Kastur Chand Gupta S/o Shri Keshri Mal Gupta, Aged
         About 65 Years, R/o Sanawad Road, Ganga Nagar Vistar,
         Khargone, Madhya Pradesh. Retired At Jodhpur.
36.      Brij Mohan Goyal S/o Shri Shankar Lal, Aged About 71
         Years, R/o 12/132, Chopasani Housing Board, Jodhpur,
         Rajasthan.
37.      Subodh Kumar Jain S/o Shri Kapoor Chand Jain, Aged
         About 65 Years, R/o 12-C, Krishna Nagar, B R Birla School
         Road, Behind P F Office, Jodhpur, Rajasthan.


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38.      Anil Kumar Mathur S/o Shri Umed Raj Mathur, Aged About
         71 Years, R/o 3-B-1, K.b.h.b, Jodhpur.
39.      Ramkishan Lal Jagarmal S/o Shri Harphool Ram, Aged
         About 60 Years, R/o 23, Vivekanand Colony, Kherali
         Phatak, Kota City, Kota, Rajasthan.
40.      Sant Ram S/o Shri Lila Ram, Aged About 69 Years, R/o
         Saidpur, Harchandpur, Alwar, Rajasthan.
41.      Mohan Singh Rajpoot S/o Shri Amar Singh, Aged About
         67 Years, R/o Peepal Khera, Salwari, Alwar, Rajasthan.
42.      Ramesh Chandra Tripathi S/o Shri Beni Gopal Tripathi,
         Aged About 67 Years, R/o 19 A, Choudhary Colony, Saket
         Nagar, Beawar, Ajmer, Rajasthan.
43.      Kunj Behari Verma S/o Shri Hira Lal Verma, Aged About
         67 Years, R/o 7, Sanatan School Marg, Beawar, Ajmer,
         Rajasthan.
44.      Brajesh Kumar Mudgal S/o Shri Gopal Ram Sharma, Aged
         About 67 Years, R/o 104, Shiv Choudhary Nagar,
         Mansarovar, Jaipur, Rajasthan.
45.      Badri Prasad S/o Shri Mangla Ram, Aged About 63 Years,
         R/o Goushala Ke Pass, Kuchaman City, Nagaur, Rajasthan.
46.      Ram Kumar Verma S/o Shri Bhairaun Ram Harijan, Aged
         About 66 Years, R/o Ward No.1, Thikariya, Tehsil Neem
         Ka Thana, Chala, Sikar, Rajasthan.
47.      Hari Ram Dukiya S/o Shri Guman Ram Dukiya, Aged
         About 67 Years, R/o Village Firozpura, Kuchera, District
         Nagaur, Rajasthan.
48.      Chhitar Mal Saini S/o Shri Bhura Mal Saini, Aged About 60
         Years, R/o Maliyo Ka Mohalla, Nayan, Jaipur, Rajasthan.
49.      Brij Lal S/o Shri Sugna Ram, Aged About 60 Years, R/o
         Ward No.03, Todi, Jhunjhunu, Rajasthan.
50.      Indu Balal Sharma W/o Shri Ghanshayam Sharma, Aged
         About 67 Years, R/o Purbiyo Ki Gali, Chandpole, Jodhpur,
         Rajasthan.
51.      Kalu Ram Kushwah S/o Shri Kanheya Lal Kushwah, Aged
         About 60 Years, R/o 1507, Sadak Se Pashchim Ke Makan,
         Ward No.2, Chhipabarod, Baran, Rajasthan.
52.      Mohammad Siraj Khan S/o Shri Mohammad Samad Khan,
         Aged About 60 Years, R/o Chndell Mohalla, Ward No.16,
         Chhipabarod, Baran, Rajasthan.
53.      Zaheer Ahamed Khan S/o Shri Iqbal Ahamed, Aged About
         60 Years, R/o Kumharo Ka Mohalla, Chhipabarod, Baran,
         Rajasthan.
54.      Jainarayankushwah S/o Shri Prabhu Lal Kushwah, Aged
         About 60 Years, R/o Kushwah Mohalla, Chhipabarod,
         Baran, Rajasthan.
55.      Govind Lal Yadav S/o Shri Moolchand Yadav, Aged About
         60 Years, R/o Nalkheri, Dholam, Baran, Rajasthan.
56.      Chhoga Ram Vishnoi S/o Shri Roopa Ram Vishnoi, Aged
         About 68 Years, R/o Village Bhalni, Bagora, District Jalore,
         Rajasthan.
57.      Krishan Gopal Sharma S/o Shri Shankar Lal, Aged About
         64 Years, R/o Shiv Nagar, Merta, District Nagaur,

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         Rajasthan.
58.      Pukh Raj Ranka S/o Shri Rang Lal Ranka, Aged About 61
         Years, R/o 5 J 6 R C Vyas Colony, Bhilwara, Rajasthan.
59.      Ghamandi Lal Meena S/o Shri Moolchand Meena, Aged
         About 67 Years, Villege Bhanwarpura, P/o Ekat, Tehsil
         Sapotra, District Karouli.
60.      Ramkaran Meena S/o Shri Ramgoal Meena, Aged About
         67 Years, Vill. And P/o Soorwal, Tehsil And District Sawai
         Madhopur.
                                                      ----Petitioners
                                 Versus
1.       State Of Rajasthan, Through Secretary, Revenue
         Department, Govt. Of Rajasthan, Secretariat, Jaipur,
         Rajasthan.
2.       State Of Rajasthan, Through Secretary, Department Of
         Finance, Govt. Of Rajasthan, Secretariat, Jaipur,
         Rajasthan.
3.       The Director, Directorate Of Pension Department,
         Government Of Rajasthan, Jyoti Nagar, Lalkothi, Jaipur,
         Rajasthan.
4.       State Of Rajasthan, Through Secretary, Department Of
         Personnel And Training, Govt. Of Rajasthan, Secretariat,
         Jaipur, Rajasthan.
5.       State Of Rajasthan, Through Secretary, Panchayati Raj
         And Rural Development Department, Govt. Of Rajasthan,
         Jaipur, Rajasthan.
6.       State Of Rajasthan, Through Principal Secretary, Public
         Health And Engineering Department, Govt. Of Rajasthan,
         Jaipur, Rajasthan.
7.       The Chief Engineer (Administration), Public Health And
         Engineering Department, Govt. Of Rajasthan, Jaipur,
         Rajasthan.
8.       The Director, Animal Husbandry Department, Govt. Of
         Rajasthan, Secretariat, Jaipur, Rajasthan.
9.       The Director, Ayurved Department, Ashok Marg, Lohagal
         Road, Savitri College Circle, Govt. Of Rajasthan, Ajmer,
         Rajasthan.
10.      State Of Rajasthan, Through Principal Secretary,
         Department      Of    Education,   Govt.   Of    Rajasthan,
         Secretariat, Jaipur, Rajasthan.
11.      The Director, Secondary Education, Bikaner, Rajasthan.
12.      The Director, Elementary Education, Bikaner, Rajasthan.
13.      The Director, Department Of Treasuries And Accounts,
         Govt. Of Rajasthan, Jaipur, Rajasthan.
14.      The Director, Prosecution Department, Govt. Of
         Rajasthan, Secretariat, Jaipur, Rajasthan, Rajasthan.
15.      The Chairman, Rajasthan Rajya Vidyut Prasaran Nigam
         Limited, Jaipur, Govt. Of Rajasthan, Rajasthan.
16.      The Chairman, Rajasthan Rajya Vidyut Prasaran Nigam
         Limited, Jodhpur, Govt. Of Rajasthan, Rajasthan.
17.      The Chairman, Rajasthan Rajya Vidyut Utpadan Nigam

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         Limited, Jaipur, Govt. Of Rajasthan, Rajasthan.
18.      The Director, Woman And Child Development Department,
         Govt. Of Rajasthan, Jaipur, Rajasthan.
19.      The Director General Of Police, Govt. Of Rajasthan, Jaipur,
         Rajasthan.
20.      The Director, Local Self Department, Govt. Of Rajasthan,
         Jaipur, Rajasthan.
21.      The Commissioner, Agriculture Department, Govt. Of
         Rajasthan, Jaipur, Rajasthan.
                                                   ----Respondents



For Petitioner(s)              :     Mr. Surendra Singh Choudhary
For Respondent(s)              :



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

15/12/2023

1. 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

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

43. With the aforesaid directions, all these petitions stand disposed of.

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44. Stay applications and all applications (pending, if any) also stand disposed of".

2. Learned counsel, therefore, prays that the petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of their grievances.

3. 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).

4. 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.

(DR.PUSHPENDRA SINGH BHATI),J 342-Sudheer/-

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