Rajasthan High Court - Jodhpur
Madhu Sharma vs State Of Rajasthan (2023:Rj-Jd:44543) on 19 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44543]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19258/2023
1. Madhu Sharma W/o Shri Sunil Dutt Vyas, Aged About 64
Years, Resident Of 39, Guru Ramdas Colony, Guru
Ramdas Marg, Udaipur.
2. Narendra Kumar Vyas S/o Shri Manohar Lal Vyas, Aged
About 61 Years, Resident Of Nagar Parisad Colony,
Brahmpol Bahar Dargah Ke Pichhe, Girwa, Udaipur
Shastri Circle, Udaipur.
3. Onkar Lal Ved S/o Shri Kishana Ji, Aged About 66 Years,
Resident Of Charbhuja Mandir Ke Samne Wali Gali,
Bohera, Bari Sadri, District Chittorgarh.
4. Kamleshwar Prasad Vyas S/o Shri Bhagwati Prasad, Aged
About 69 Years, Resident Of Kapasiya Bazar, Lohar Gali,
Bari Sadri, District Chittorgarh.
5. Savita Ameta W/o Shri Narendra Kumar, Aged About 67
Years, Resident Of 489, Ambamata Scheme Girwa,
Udaipur Shastri Circle Girwa, Udaipur.
6. Jagdish Prasad Ameta S/o Shri Shiv Dutt, Aged About 66
Years, Resident Of 557, Kurawar, Udaipur.
7. Usha Soni W/o Shri Krishna Vallabh Soni, Aged About 70
Years, Resident Of Mahaveer Colony, Badi Sadri, District
Chittorgarh.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner.
3. The Deputy Director, Secondary Education, Udaipur.
4. The District Education Officer, Secondary Education,
Udaipur.
5. The Director, Elementary Education, Bikaner.
6. The Deputy Director, Elementary Education, Udaipur.
7. The District Education Officer, Elementary Education,
Udaipur.
8. The Deputy Director, Pension And Pensioners Welfare
Department, Udaipur.
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[2023:RJ-JD:44543] (2 of 3) [CW-19258/2023]
9. The District Education Officer, Elementary Education,
Chittorgarh.
----Respondents
For Petitioner(s) : Ms. Ayushi Solanki for Mr. Sushil
Solanki
For Respondent(s) : ---
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
19/12/2023
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 :-
"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
[2023:RJ-JD:44543] (3 of 3) [CW-19258/2023]
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).
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
25-Hanuman/-
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