Smt. Renu Sharma vs State Of Rajasthan (2023:Rj-Jd:40140)
2023 Latest Caselaw 10000 Raj

Rajasthan High Court - Jodhpur

Smt. Renu Sharma vs State Of Rajasthan (2023:Rj-Jd:40140) on 22 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:40140]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 18392/2023

1.       Smt. Renu Sharma W/o Shri Omprakash Sharma, Aged
         About 62 Years, Behind Chand Baori, Jodhpur.
2.       Smt. Sharda Shrimali W/o Shri Uma Shankar Sharma,
         Aged About 65 Years, Near Mahalaxmi Mandir, Jaloria Ka
         Bas, Fateh Sagar Nahar, Jodhpur.
3.       Smt. Usha Rani Mangaliya W/o Shri Bahadur Singh
         Sankhla, Aged About 62 Years, 35 U.i.t. Colony, B.r. Birla
         School Road, Jodhpur.
4.       Shri Ramesh Kumar Ramani S/o Late Shri Parmanand
         Ramani, Aged About 61 Years, 69 Baba Ramdev Nagar, 80
         Ft. Road Mata Ka Than, Jodhpur.
5.       Shri Rajendra Prasad Arora S/o Late Shri Sajjan Raj
         Arora, Aged About 70 Years, 20/493, Chopasni Housing
         Board, Jodhpur.
6.       Shri Bhagirath Prajapati S/o Late Shri Ram, Aged About
         62 Years, 117, East Patel Nagar, Ratanada, Jodhpur.
7.       Shri Ravindra Kumar Battoo S/o Late Shri Sawal Das,
         Aged About 62 Years, 18 E/332 Chopasni Housing Board,
         Jodhpur.
8.       Shri Vijay Singh Gehlot S/o Late Shri Mangilal Gehlot,
         Aged About 65 Years, Bera Upperli Dhalawata, Behind
         Chainpura School, Jodhpur.
9.       Smt. Durga Devi Chouhan W/o Late Shri Babu Singh,
         Aged About 65 Years, Dhada Bas Mahamandir, Jodhpur.
10.      Smt. Hemlata Parihar W/o Shri Omprakash Parihar, Aged
         About       62    Years,      23/119,        Chopasni        Housing   Board,
         Jodhpur.
                                                                        ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through The Director, Directorate Of
         Pension And Pensioners Welfare, Rajasthan, Jyoti Nagar,
         Jaipur.
2.       Director (Non-Gazetted), Medical And Health Services,
         Rajasthan, Jaipur.
3.       The Principal And Controller, Dr. S.n. Medical College And
         A.g.h., Jodhpur, Rajasthan.

                          (Downloaded on 23/11/2023 at 09:33:32 PM)
 [2023:RJ-JD:40140]                       (2 of 3)                        [CW-18392/2023]


4.       The Treasury Officer, Jodhpur (Rural), Jodhpur, Rajasthan.
5.       Superintendent Associated Group Of Hospitals (Mahatma
         Gandhi Hospital), Dr. S.n. Medical College And A.g.h.,
         Jodhpur.
                                                                      ----Respondents


For Petitioner(s)              :    Mr. Rajesh Shah
For Respondent(s)              :



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

22/11/2023

1. Learned counsel for the petitioner submits that the

controversy involved in the present case is squarely covered by a

judgment dated 21.07.2023 of this Hon'ble 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.

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

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

[2023:RJ-JD:40140] (3 of 3) [CW-18392/2023]

2. In view of the above, the present writ petition is also

disposed in terms of the order passed by this Court in Vijay

Singh's case (supra).

3. 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 petitioner

would be entitled to the relief. All pending applications also stand

disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

222-Sudheer/-

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