Smt. Santosh Kachhwaha vs State Of Rajasthan (2023:Rj-Jd:40418)
2023 Latest Caselaw 10047 Raj

Rajasthan High Court - Jodhpur

Smt. Santosh Kachhwaha vs State Of Rajasthan (2023:Rj-Jd:40418) on 23 November, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:40418]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 18282/2023

Smt. Santosh Kachhwaha W/o Sh. Narendra Singh Kachhwaha,
Aged About 66 Years, Resident Of Vijay Chowk, Jodhpur (Raj.).
                                                                        ----Petitioner
                                        Versus
1.       State Of Rajasthan, Through The Secretary Public Health
         And Engineering Department, Govt. Of Rajasthan, Jaipur.
2.       The Chief Engineer (Administration), Public Health And
         Engineering Department, Jaipur.
3.       The     Superintending            Engineer,         Public     Health   And
         Engineering Department, Jodhpur.
4.       The    Joint   Director,       Pension       And      Pensioners    Welfare
         Department, Jodhpur.
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Rajendra Mulewa.
For Respondent(s)            :     --



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

23/11/2023

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:-

"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

[2023:RJ-JD:40418] (2 of 2) [CW-18282/2023]

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".

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). 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.

(KULDEEP MATHUR),J 19-Prashant/-

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