Ramchandra vs State Of Rajsthan (2023:Rj-Jd:40051)
2023 Latest Caselaw 10005 Raj

Rajasthan High Court - Jodhpur

Ramchandra vs State Of Rajsthan (2023:Rj-Jd:40051) on 22 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:40051]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 16532/2023

Ramchandra S/o Badriram, Aged About 64 Years, B/c Banjara,
R/o 16, Seth Sanwariya Colony, Jaliya Road, Beawar, Tehsil And
Dist. Beawar (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajsthan, Through The Secretary, Dept. Of
         Secondary Education, Govt. Of Rajasthan, Jaipur (Raj.)
2.       The Principal Secretary, Department Of Finance, Govt. Of
         Rajasthan, Secretariat, Jaipur (Raj.)
3.       The Director, Secondary Education, Bikaner (Raj)
4.       The Joint Director, Secondary Education Jodhpur Division,
         Jodhpur (Raj.)
5.       Teh District Education Officer (Secondary), Pali, Dist. Pali.
6.       The Director, Directorate Of Pension And Pensioner's
         Welfare, Rajasthan, Jyoti Nagar, Jaipur.
7.       The Joint Director, Department Of Pension, Jodhpur
         Division, Jodhpur (Raj)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Bharat Devasee.
For Respondent(s)         :



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

22/11/2023

1. Learned counsel for the petitioner submits that the issue

raised in the present writ petition is similar to Vijay Singh vs.

State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21/2020 &

other connected matters, decided on 21.07.2023 (at Jaipur

Bench), wherein it has been laid down that those, who have

retired on 30th June, are entitled to increment on 1 st July of the

[2023:RJ-JD:40051] (2 of 2) [CW-16532/2023]

same year and therefore, the petitioner, who has retired on

30.06.2019, is entitled to similar relief in the case of Vijay Singh

(supra).

2. In the case of Vijay Singh (supra), a Co-ordinate Bench of

this Court, inter-alia, came to the following conclusion :-

"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.

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

3. In view of the submissions made, the writ petition filed by

the petitioner is disposed of in light of and with similar directions

as given in the case of Vijay Singh (supra). The petitioner would

be required to make a representation based on the said judgment

and the competent authority would pass appropriate order based

on the said directions given by this Court within a period of six

weeks.

(DR.PUSHPENDRA SINGH BHATI), J.

24-/Jitender//-

Powered by TCPDF (www.tcpdf.org)