Kailash Dan Ratnoo vs State Of Rajasthan (2023:Rj-Jd:40820)
2023 Latest Caselaw 10129 Raj

Rajasthan High Court - Jodhpur

Kailash Dan Ratnoo vs State Of Rajasthan (2023:Rj-Jd:40820) on 28 November, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:40820]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17683/2023

Kailash Dan Ratnoo S/o Shri Bhanwar Dan Ratnoo, Aged About
60 Years, R/o Hanwant A Bzs Colony, Jodhpur (Raj.)
                                                                        ----Petitioner
                                          Versus
1.       State Of Rajasthan, Through Secretary, Department Of
         Home Affairs, Govt Of Rajasthan, Jaipur.
2.       Commissioner Of Police, Jodhpur.
3.       Additional Police Commissioner (Hq), Jodhpur.
4.       Director, Pension And Pensioner's Welfare Department,
         Jodhpur.
                                                                     ----Respondents


For Petitioner(s)              :     Mr. Prithvi Raj Singh.
For Respondent(s)              :     --


            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

28/11/2023

Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by

the judgment dated 21.07.2023 of this Court at Jaipur Bench

rendered in batch of writ petitions 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.

[2023:RJ-JD:40820] (2 of 2) [CW-17683/2023]

42. The respondents are directed to consider the case of the petitioners afresh in the light of the observations made herein above 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 petitioners maybe

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 who 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

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 19-AbhishekK/-

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