Rajasthan High Court - Jodhpur
Motilal Kachhawaha vs State Of Rajasthan (2023:Rj-Jd:44850) on 21 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44850]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17795/2023
Motilal Kachhawaha S/o Shri Chandro Ji, Aged About 62 Years,
R/o 65, Suraj Nagar, Opp. 18-E, Chb, Suraj Nagar, Jodhpur
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Public Health Engineering Department,
Government Of Rajasthan, Secretariat, Jaipur.
2. The Principal Secretary, Department Of Finance,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Director, Directorate Of Pension And Pensioners
Welfare, Rajasthan, Jyoti Nagar, Jaipur.
4. Joint Director, Department Of Of Pension And Pensioners
Welfare, Rajasthan, Jodhpur.
5. The District Collector, Jodhpur.
6. The Chief Engineer, Phed Department, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. O.P. Choudhary
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/12/2023
Learned counsel for the petitioner 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:-
[2023:RJ-JD:44850] (2 of 3) [CW-17795/2023]
"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 1 st 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.
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 petitioner may be
permitted to file a detailed representation before the competent
authorities for redressal of his grievances.
In view of the above, the present writ petition is also
disposed of with liberty to the petitioner 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).
The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
[2023:RJ-JD:44850] (3 of 3) [CW-17795/2023]
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(KULDEEP MATHUR),J
635-Ravi Khandelwal
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