Rajasthan High Court - Jodhpur

Sukhmal Kumar Salgiya vs State Of Rajasthan (2023:Rj-Jd:43901) on 15 December, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:43901]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 19267/2023

1.       Sukhmal Kumar Salgiya S/o Sh. Dadam Chand Salgiya,
         Aged About 68 Years, R/o Ward No. 17, Jain Eye Hospital,
         Shree Ram Colony, Banswara (Ppo No. 1019025)
2.       Vijay Lal Meena S/o Sh. Gangala Meena, Aged About 67
         Years,      R/o     Pitha      Wala      Fala,     Pal    Nithauwa,   Aaspur,
         Dungarpur (Ppo No. 1031954)
3.       Krishna Das Vaishnav S/o Sh. Prem Das Vaishnav, Aged
         About 66 Years, R/o Ward No. 06, Vaishnav Mohalla,
         Umbada, Banswara (Ppo No.1073645)
4.       Ratan Lal Patidar S/o Sh. Gokal Patidar, Aged About 68
         Years, R/o 56, Patidar Mohalla, Jolana, Banswara (Ppo No.
         1031284)
5.       Smt. Shakuntala Das Gupta W/o Sh. Ashok Kumar Gupta,
         Aged About 73 Years, R/o Shree Ram Colony, Dahod
         Road, Banswara (Ppo No. 576457)
6.       Moti Lal Pandya S/o Sh. Nand Kishore Pandya, Aged
         About 66 Years, R/o Chidiyawasa, Banswara (Ppo No.
         1053446)
7.       Khemchand Patidar S/o Sh. Ratan Patidar, Aged About 74
         Years, R/o Dovaliya Basti, Kharveda, Biloda, Banswara
         (Ppo No. 575516)
8.       Vitthal Patidar S/o Sh. Kevji Patidar, Aged About 60 Years,
         R/o Ghoradiya Mohalla, Chokhla, Banswara (Ppo No.
         1193410)
9.       Nagji Patidar S/o Sh. Gokalji Patidar, Aged About 65
         Years, R/o Patidar Mohalla, Khodan, Banswara (Ppo No.
         1076818)
10.      Vallabh Patidar S/o Sh. Jitengji Patidar, Aged About 62
         Years,      R/o      Bansala,        Chokhla,         Banswara    (Ppo   No.
         1171994)
11.      Shanti Lal Patidar S/o Sh. Prem Ji Patidar, Aged About 63
         Years, R/o 1, Chouraya, Jhadas, Banswara (Ppo No.
         1123338)
12.      Narayan Lal Patidar S/o Sh. Ratan Patidar, Aged About 61
         Years, R/o Ward No. 9, Gair Chok, Patidar Mohalla, Bori,
         Garhi, Banswara (Ppo No. 1168048)


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13.      Dhaneshwar Patidar S/o Sh. Kam Ji Patidar, Aged About
         73 Years, R/o 419, Patidar Basti, Ghata Ka Ghon,
         Dunagarpur (Ppo No. 574047)
14.      Ranchhod Lal Patidar S/o Sh. Rameng Patidar, Aged About
         75 Years, R/o Ward No. 6, Patidar Mohalla, Jolana,
         Banswara (Ppp No. 572887)
15.      Narendra         Singh        Chandravat           S/o       Rajendra   Singh
         Chandravat, Aged About 65 Years, R/o Rajput Mohalla,
         Garhi, Banswara (Ppo No. 1076579)
16.      Harish Chandra Bhatt S/o Sh. Bhai Shanker Bhatt, Aged
         About 63 Years, R/o Bhearav Chok Bori, Banswara (Ppo
         No. 1122928)
17.      Bhagwati Lal Joshi S/o Sh. Motilal Joshi, Aged About 60
         Years, R/o Nai Abadi, Barodiya, Banswara (Ppo No.
         1642611)
18.      Nanu Lal Rathore S/o Sh. Bhagwan Rathore, Aged About
         61 Years, R/o Behind Relience Petrol Pump, Shyam
         Colony, Udaipur Road, Banswara (Ppo No. 1169513)
19.      Raman Lal Labana S/o Sh. Lakama Ji Labana, Aged About
         64 Years, R/o Ward No. 03, Labana Mohalla, Bhimasor,
         Banswara (Ppo No. 1099509)
20.      Bhogilal Joshi S/o Sh. Ganpatram Joshi, Aged About 62
         Years, R/o Ward No. 05, Brahman Mohalla, Panchwara,
         Banswara (Ppo No. 1147801)
21.      Ishwar Singh Parmar S/o Sh. Mangal Singh Parmar, Aged
         About       67    Years,      R/o     Palace       Road,      Ward   No.   12,
         Kushalgarh, Banswara (Ppo No. 1032563)
22.      Nanu Lal Makvana S/o Sh. Valu Ji Makvana, Aged About
         63 Years, R/o Village Chandanpur, Bori Garhi, Banswara
         (Ppo No.1124557)
23.      Hakri Ad S/o Sh. Jati Ad, Aged About 67 Years, R/o Ward
         No. 11, Gartara, Ramgarh, Banswara (Ppo No. 1034041)
24.      Vipin Kumar Goyal S/o Sh. Shanti Sharn, Aged About 60
         Years, R/o Tripura Colony, Thikriya, Banswara (Ppo No.
         1192849)
25.      Jaswant Singh S/o Sh. Laxman Singh, Aged About 61
         Years, R/o Ward No. 7, Kupda Fala, Rohaniya, Banswara
         (Ppo No. 1172368)


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26.      Ganesh Lal Swarnkar S/o Sh. Shanker Lal Swarnkar, Aged
         About 63 Years, R/o 1754, Prabhu Kripa Bhawan, Bada
         Chouk, Suraj Pol, Talwara, Banswara (Ppo No. 1122564)
27.      Smt. Sheela Bhatt W/o Sh. Satish Bhatt, Aged About 61
         Years,      R/o   Jawahar        Colony,       Nava       Padar,   Partapur,
         Banswara (Ppo No. 1171812)
28.      Ishwar Lal Rawal S/o Sh. Kanti Lal Rawal, Aged About 65
         Years, R/o Thasil Link Road, Near Bharadwaj Public
         School, Ghatol, Banswara (Ppo No. 1073509
29.      Ashok Kumar Bhoota S/o Sh. Shanti Lal Bhoota, Aged
         About 65 Years, R/o House No. 78, Neeta Sadan, Main
         Road Ghatol, Sbbj Ke Samne, Ghatol, Banswara (Ppo No.
         1079562)
30.      Smt. Pramila Lodha W/o Sh. Jaswant Singh Kothari, Aged
         About 61 Years, R/o Brampuri, Ward No. 19, Dhariawad,
         Pratapgarh (Ppo No. 1172060)
31.      Smt. Sharad Bala Paliwal W/o Sh. Surendra Kumar
         Paliwal, Aged About 64 Years, R/o Tokis Ke Pass, Ward
         No. 08, Dhariawad, Banswara (Ppo No. 1104742)
32.      Smt. Renuka Rani W/o Sh. Ashok Kumar Agarwal, Aged
         About 62 Years, R/o Neem Get, Bharatpur (Ppo No.
         1148323)
33.      Jagdish Chandra Patidar S/o Sh. Amritlal Patidar, Aged
         About 60 Years, R/o Village Post Kotada, Tehsil Garhi,
         Kotra, Banswara (Ppo No. 1192320)
34.      Shanker Singh Chouhan S/o Sh. Moti Singh Chouhan,
         Aged About 65 Years, R/o Ward No. 09, Odwadiya,
         Banswara (Ppo No. 1080902)
35.      Ashok Kumar Shah S/o Sh. Natvar Lal Shah, Aged About
         66 Years, R/o Rbc House, Ward No. 23, Maha Laxmi
         Chock, Banswara (Ppo No. 1053792)
36.      Yogesh      Chandra       Talwadiya         S/o      Sh.    Bhagwati     Lal
         Talwadiya, Aged About 68 Years, R/o Bhojapaliya Gate,
         Palace Road, Banswara (Ppo No. 1030041)
                                                                      ----Petitioners
                                      Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Department Of Finance, Govt. Of Rajasthan, Secretariat,


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         Jaipur.
2.       The Principal Secretary, Irrigation Department, Govt. Of
         Rajasthan, Secretariat, Jaipur.
3.       The Principal Secretary, Education Department, Govt. Of
         Rajasthan, Jaipur.
4.       The Director, Department Of Treasury And Accounts,
         Govt. Of Rajasthan, Jaipur.
5.       The District Collector, Dungarpur.
6.       The Chief Engineer, Mahi Bajasagar Project, Banswara.
7.       The Director, Agriculture Department, Govt. Of Rajasthan,
         Jaipur.
8.       The Director, Elementary Education, Directorate, Bikaner.
9.       The       Director,       Pension          And       Pensioners     Welfare
         Department, Jaipur.
10.      The    Deputy       Director,       Secondary          Education,   Udaipur
         Division, Udaipur.
11.      The Additional Director, Pension And Pensioners Welfare
         Department, Regional Office, Udaipur.
12.      The Sub Treasurer, Treasury Sagwara, District Dungarpur.
13.      The Tehsildar (Lr), Tehsil Sabla, District Dungarpur.
14.      The Tehsildar (Lr), Tehsil Gadi, Distrcit Banswara.
15.      The         Assistant       Director         (Expension),       Agriculture
         Department, Banswara.
16.      The Principal, Govt. Nagar Sr. Sec. School, Banswara,
         District Banswara.
17.      The Principal, Govt. Sr. Sec. School, Chandu Ji Ka Bada,
         Banswara.
18.      The Principal, Govt. Sr. Sec. School, Bori, Banswara.
19.      The Principal, Govt. Sr. Sec. School, Itaowa (Bagidora),
         Banswara.
20.      The    Principal,       Govt.       Sr.    Sec.      School,    Chanawala,
         Banswara.
21.      The Principal, Govt. Sr. Sec. School, Umbada, Banswara.
22.      The Principal, Govt. Sr. Sec. School, Jhadas, Banswara.
23.      The Principal, Govt. Sr. Sec. School, Garhi, Banswara.
24.      The Senior Dy. District Education Officer (Elementary

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         Education), Sagwara, Dungarpur.
25.      The Principal, Govt. Sr. Sec. School, Jaulana, Banswara.
26.      The Principal, Govt. Sr. Sec. School, Vajwana, Banswara.
27.      The Principal, Govt. Sr. Sec. School, Parsoliya, Banswara.
28.      The Principal, Govt. Sr. Sec. School, Kargi, Banswara.
29.      The Principal, Govt. Sr. Sec. School, Surpur, Banswara
30.      The Principal, Govt. Sr. Sec. School, Vajwana (Baru),
         Banswara.
31.      The    Principal,    Govind       Guru       Govt.        Sr.   Sec.   School,
         Anandpuri, Banswara.
32.      The Principal, Govt. Sr. Sec. School, Khajura Kotra,
         Panchayat Samiti Kushalgarh, Banswara.
33.      The Principal, Govt. Sr. Sec. School, Kushalkot, Banswara.
34.      The Block Elementary Education Officer, Panchayat Samiti
         Kushalgarh, Banswara.
35.      The    Principal,      Govt.      Sr.     Sec.      School,       Moyawasa,
         Banswara.
36.      The Principal, Govt. Sr. Sec. School, Lankai Bagidora,
         Banswara
37.      The Principal, Govt. Sr. Sec. School, Partapur, Banswara.
38.      The Principal, Govt. Sr. Sec. School, Kheda, Banswara.
39.      The Principal, Govt. Sr. Sec. School, Ghatol, Banswara.
40.      The Principal, Govt. Sr. Sec. School, Goliyawada (Ghatol),
         Banswara.
41.      The Principal, Govt. Sr. Sec. School, Badlaka (Pahadi),
         Bharatpur.
42.      The    Principal,     Govt.       Sr.    Sec.      School,       Anandipura,
         Banswara.
43.      The    Principal,     Govt.       Sr.     Sec.      School,       Dhariawad,
         Pratapgarh.
44.      The Principal, Govt. Sr. Sec. School, Gadariyawas, Tehsil
         Dhariawad, Pratapgarh.
45.      The Principal, Govt. Sr. Sec. School, Murasel, Banswara.
46.      The Executive Officer (B And R.c.dn), Mahi Project,
         Banswara.
47.      The    Principal,      Govt.      Sr.     Sec.      School,       Jahanpura,

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         Banswara.
                                                                     ----Respondents


For Petitioner(s)              :     Mr. Jitendra Choudhary
                                     Mr. Rishabh Tayal
For Respondent(s)              :     Mr. Anil Kumar Gaur, AAG



      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 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.