Mulk Raj vs State Of Rajasthan ...
2023 Latest Caselaw 9230 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17942/2023

1. Mulk Raj S/o Shri Hukam Chand, Aged About 68 Years, R.o C-113, Karamchari Colony, Ashok Vihar, Alwar, Rajasthan.

2. Rameshwar Prasad Gupta S/o Shri Kalyan Sahai Gupta, Aged About 73 Years, R/o C-64, Karamchari Colony, Ashok Vihar, Alwar, Rajasthan.

3. Mohan Lal Agarwal S/o Shri Bhikhari Das, Aged About 71 Years, R/o C-69, Karamchari Colony, Ashok Vihar, Alwar, Rajasthan.

4. Pushpendra Singh S/o Shri Bhikhari Das, Aged About 71 Years, R/o 3/321, Kala Kuan, Housing Board, Alwar, Rajasthan.

5. Devender Kumar Sharma S/o Shri Hardayal Sharma, Aged About 70 Years, R/o Khapta Padi, Malakhera Bazar, Alwar, Rajasthan.

6. Dinesh Chand Pareek S/o Shri Ramesh Chand Pareek, Aged About 62 Years, R/o D-242, Delhi Road, Surya Nagar, Diwakari, Alwar, Rajasthan.

7. Narendra Kumar Sharma S/o Shri Labh Shankar Sharma, Aged About 64 Years, R/o A-89, Malviya Nagar, Alwar, Rajasthan.

8. Daya Ram S/o Shri Harish Chand, Aged About 62 Years, R/o F-17, Ambedkar Nagar, Alwar, Rajasthan.

9. Sita Ram Jatav, Aged About 60 Years, R/o Berla, Alwar, Rajasthan.

10. Kunj Bihari S/o Shri Shyam Lal Mathur, Aged About 68 Years, R/o 3/293, Bichhu Ki Gali, Khara Kuan, Alwar, Rajasthan.

11. Munshi Ram S/o Shri Jaduram Samariya, Aged About 68 Years, R/o House No. 95, Shiv Colony, Tulera Colony, Ward No.45, Alwar, Rajasthan.

12. Arun Kumar Khandelwal S/o Shri Rang Bihari Lal Khandelwal, Aged About 70 Years, R/o 329, Scheme No.1, Arya Nagar, Alwar, Rajasthan.

13. Pohap Singh S/o Shri Kundan Singh, Aged About 60 Years, R/oahir Mohalla, Khairthal, Alwar, Rajasthan.

14. Narendra Kumar Gautam S/o Shri Hoti Lal, Aged About 61 Years, R/o 4 Ka 329, Shivaji Park, Alwar, Rajasthan.

15. Tara Chand Gupta S/o Shri Bhagwan Sahay Gupta, Aged About 77 Years, R/o Ward No.26, Plot No.220, First Floor, Ashoka Enclave Extention Part No.1, Amarnagar, Faridabad, Haryana.

16. Sushil Batra S/o Shri Vedprakash Batra, Aged About 64 Years, R/o 451, South West Block, Behind Ram Mandir, Alwar, Rajasthan.

17. Dwarka Prasad Gupta, Aged About 65 Years, R/o 38, Ashok Vihar, Petrol Pump Ke Samne, Jail Chouraha, Alwar, Rajasthan.

18. Naresh Kumar Sharma S/o Shri Badlu Ram Sharma, Aged About 60 Years, R/o Ward No.19, Nagarpalika Ke Pass, Tijara, Alwar, Rajasthan.

19. Ganga Deen Gupta, Aged About 69 Years, R/o Prem Kunj, Tiwari Ka Kuan, Alwar, Rajasthan.

20. Gopal Dass S/o Shri Jumma Ram, Aged About 60 Years, R/o 6 K 165-166, Shivaji Park, Alwar, Rajasthan.

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21. Rattiram Yadav, Aged About 74 Years, R/o Gadhoj, Behror, Alwar, Rajasthan.

22. Ishwari Lal Saini S/o Shri Harchand Saini, Aged About 62 Years, R/o 271, Hanuman Ji Mandir Ke Pass, Bahadurpur Patti Meeran, Alwar, Rajasthan.

23. Mahendra Singh Yadav, Aged About 65 Years, R/o Village Gadhoj, Behror, Alwar, Rajasthan.

24. Jagram Yadav S/o Shri Prabhudayal Yadav, Aged About 62 Years, R/o Ward No.8, Gadhoj, Behror, Alwar, Rajasthan.

25. Pramod Kumar Sharma, Aged About 66 Years, R/o A-69, Budhvihar, Bansur, Alwar, Rajasthan.

26. Suresh Kumar Gera S/o Shri J.r.gera, Aged About 66 Years, R/o 488, Scheme No.2, Lajpat Nagar, Alwar, Rajasthan.

27. Nanak Chand Gupta S/o Shri Suraj Bhan Gupta, Aged About 70 Years, R/ob-239, Budh Vihar, Alwar, Rajasthan.

28. Rajendra Kumar Rewaria S/o Shri Harsahai, Aged About 69 Years, R/o 315, Scheme No.8, Alwar, Rajasthan.

29. Mahesh Kumar Rohela S/o Shri Nanak Chand Verma, Aged About 62 Years, R/o 3/308, Ashok Bhawan, Halwai Para, Alwar, Rajasthan.

30. Shanlia Sharma W/o Shri Shambhu Dayal Sharma, Aged About 65 Years, R/o Shahji Ka Kuan, Jyoti Rao Fulle Circle, Near Tiwari Clinic, Alwar, Rajasthan.

31. Shashi Rani Sharma W/o Shri Harsh Kumar Sharma, Aged About 62 Years, R/o A-106, Budh Vihar, Alwar, Rajasthan.

32. Hukum Chand Gautam S/o Shri Ramji Lal Sharma, Aged About 60 Years, R/o A-260, Hasan Khan Mewat Nagar, Alwar, Rajasthan.

33. Gajraj Singh Yadav S/o Shri Kanhaiya Lal Yadav, Aged About 60 Years, R/o Siyakhoh, Tehsil Mundawar, Menpur, Alwar, Rajasthan.

34. Babu Lal S/o Shri Molla Ram, Aged About 61 Years, R/o Village Sihali Khurd, Tehsil Mundawar, Alwar, Rajasthan.

35. Alka Mathur W/o Shri Anil Kumar Mathur, Aged About 60 Years, R/o60, Kayasth Wadi, Tijara, Alwar, Rajasthan.

36. Rajbala Joshi W/o Shri Ashok Kumar Mudgal, Aged About 60 Years, R/o Salahera, Tehsil Tijara, Alwar, Rajasthan.

37. Mam Raj S/o Shri Mohan Lal, Aged About 61 Years, R/o Noor Nagar, Tehsil Kishangarhbas, Alwar, Rajasthan.

38. Ashwani Kumar Sharma S/o Shri Shanker Lal Sharma, Aged About 60 Years, R/o 132, Moongaska, 200 Foot Road Ke Pass, Nehru Nagar, Alwar, Rajasthan.

39. Pat Ram S/o Shri Devkaran, Aged About 61 Years, R/odadarhera, Alwar, Rajasthan.

40. Rajni Bhargava W/o Shri Anil Kumar Bhargava, Aged About 67 Years, R/o 17, Jubli Bass, Alwar, Rajasthan.

41. Ajay Pratap Singh S/o Shri Hari Pratap Singh, Aged About 60 Years, R/osaipau Road, Ram Kunj Colony, Dhaulpur, Rajasthan.

42. Ram Deen Ram Bhati S/o Shri Sukhdev, Aged About 60 Years, R/o Chokidaro Ka Bas, Kherapa, District Jodhpur, Rajasthan.

43. Hari Ram S/o Shri Pancha Ram, Aged About 61 Years, R/omeghwalo Ki Dhani, Hingoli, Surpura Khurd, District Jodhpur, Rajasthan.

44. Jassa Ram S/o Shri Chena Ram, Aged About 61 Years,

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R/o Asop Road, Gotan, District Jodhpur, Rajasthan.

45. Satya Narayan Khati S/o Shri Ridha Ram Khati, Aged About 61 Years, R/o Village Riyan Badi, District Nagaur, Rajasthan.

46. Poona Ram Choudhary S/o Shri Giga Ram, Aged About 63 Years, R/o Village Sarsanda, Antroli Khurd, Tehsil Degana, District Nagaur, Rajasthan.

47. Nenu Ram S/o Shri Shiv Raj, Aged About 63 Years, R/ojato Ka Bas, Banwarla, Tehsil Degana, District Nagaur, Rajasthan.

48. Sohan Lal Garwa S/o Shri Hema Ram, Aged About 61 Years, R/o Gayatri Mandir Ke Pass, Hemaram Garwa Marg, Degana, District Nagaur, Rajasthan.

49. Yogendra Puri S/o Shri Nanda Puri, Aged About 65 Years, R/om. No. 131, Shastri Nagar Shopping Centre Ke Samne, Lohagal Road, Ajmer, Rajasthan.

50. Suraj Mal Meena S/o Shri Singa Meena, Aged About 63 Years, R/o Village Nayagaon, Tehsil Kherwara, District Udaipur, Rajasthan.

51. Roopa Ramvishnoi S/o Shri Ram Lal Ji, Aged About 66 Years, R/ovillage Bhateep, Pamana, District Jalore, Rajasthan.

52. Lal Chand S/o Shri Kishan Lal, Aged About 60 Years, R/o Nawa, District Nagaur, Rajasthan.

53. Poonam Chand Meena S/o Shri Kishan Lal Meena, Aged About 70 Years, R/ovillager Kajikundali, Tehsil Barnala, District Gangapur City, Rajasthan.

54. Kusum Sharma W/o Shri Bramhanand Sharma, Aged About 60 Years, R/o Nohr Ke Samne Gali, Devpura, Bundi, Rajasthan.

55. Kanta Yagnik W/o Shri Jitendra Sharma, Aged About 67 Years, R/o20, Glass Factory, Pratap Nagarmgirwa, Udaipur, Rajasthan.

56. Girraj Singh S/o Shri Mahipal, Aged About 63 Years, R/o Gali No.3, Rangpur Road, Dadwara, Kota, Rajasthan.

57. Ram Singh S/o Shri Bhawani Singh, Aged About 68 Years, R/obugaliya Bas, Kuchamanciy, Nawa, District Nagaur, Rajasthan.

58. Laxman Ram Solanki S/o Shri Bhola Ram, Aged About 60 Years, R/o Agewa Road Bye Pass, Foji Choraha, Jaitaran, District Pali, Rajasthan.

59. Rajendra Kumar Bohra S/o Shri Gauri Shankar Bohra, Aged About 64 Years, R/o29, Olympic Road, M.g.hospital, Jalori Gate, Jodhpur, Rajasthan.

60. Heera Lal Jatav S/o Shri Chitru Ram Jatav, Aged About 69 Years, R/o Jasoriya Colony, Near Railway Station, Khairthal, Alwar, Rajasthan.

61. Kalu Ram Parewa S/o Shri Shriram Parewa, Aged About 60 Years, R/o 84, Khatiko Ka Mohalla, Kishangarhrenwal, Jaipur, Rajasthan.

62. Kamal Krishan Sharma S/o Shri Badri Prasad, Aged About 73 Years, R/o 65-A, Keshav Nagar, Road No.3, Hawa Sadak, Civil Lines, Jaipur, Rajasthan.

63. Damodar Prasad Acharya S/o Shri Narottam Lal, Aged About 60 Years, R/oshree Ram Colony, Devnarayan Mandir Ke Pass, Nagaur, Rajasthan.

64. Sunita Airi W/o Late Shri Anil Kumar Airi, Aged About 62 Years, R/o 21, Near Ganesh Daal Mil, Rani Bazar, Bikaner,

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Rajasthan.

65. Amar Singh S/o Shri Ummed Singh, Aged About 60 Years, R/osubhash Road, Kumharo Ka Jav, Falna, District Pali, Rajasthan.

66. Brij Bhan Singh Parmar S/o Shri Harkesh Singh, Aged About 72 Years, R/o 02, Bhomiya Nagar-A, Kalwar Road, Near Sai Public School, Jaipur, Rajasthan.

67. Mukesh Kumar Mangal S/o Shri Ramdayal Mangal, Aged About 60 Years, R/obajrang Colony, Jail Road, Dhaulpur, Rajasthan.

68. Abhimanyu S/o Shri Ganpati Lal Gahlot, Aged About 61 Years, R/o Vrindavan Graden Ke Pass, 08 Jawahar Bhawan Road, Nena Dev Nagar, Beawar, Ajmer, Rajasthan.

69. Ghan Shyam Tanwar S/o Shri Suwa Lal Tanwar Gahlot, Aged About 62 Years, R/o 06, Bhajan Nagar, Ajmer Road, Beawar, Ajmer, Rajasthan.

70. Bhanwar Lal Dagdi S/o Shri Mangi Lal, Aged About 70 Years, R/o 172, Hira Nagar, Masuda Road, Beawar, Ajmer, Rajasthan.

71. Dharma Veer Chouhan S/o Shri Gajanand Chouhan, Aged About 62 Years, R/o59, Rukmani Nagar, Near Euro Kids School, Delwara Road, Beawar, Ajmer, Rajasthan.

72. Hanuman Singh S/o Shri Balkishan, Aged About 67 Years, R/o 406/11, J.c.bank Ke Pass, Shiv Mandir, Ward No.11, Ajmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. State Of Rajasthan, Through Secretary, Department Of College Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

3. The Director, Secondary Education, Bikaner, Rajasthan.

4. The Director, Elementary Education, Bikaner, Rajasthan.

5. The Commissioner, College And Higher Education, Bikaner, Rajasthan.

6. State Of Rajasthan, Through Secretary, Department Of Medical And Health, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

7. The Director (Administration), Department Of Medical And Health, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

8. The Director, Directorate Of Pension Department, Government Of Rajasthan, Jyoti Nagar, Lalkothi, Jaipur, Rajasthan.

9. State Of Rajasthan, Through Secretary, Department Of Personnel And Training, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

10. State Of Rajasthan, Through Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

11. State Of Rajasthan, Through Secretary, Revenue Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

12. State Of Rajasthan, Through Secretary, Command Area Development (Chambal) Department, Govt. Of Rajasthan,

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Secretariat, Jaipur, Rajasthan.

13. The Area Development Commissioner, C.a.d, Chambal, Kota, Govt. Of Rajasthan, Rajasthan.

14. The Commissioner, Land Settlement Department, Govt.

Of Rajasthan, Jaipur, Rajasthan.

15. State Of Rajasthan, Through Secretary, Water Resources Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

16. State Of Rajasthan, Through Secretary, Panchayati Raj And Rural Development Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

17. State Of Rajasthan, Through Principal Secretary, Public Health And Engineering Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

18. State Of Rajasthan, Through Principal Secretary, Mines And Geology Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

19. State Of Rajasthan, Through Additional Chief Secretary, Forest Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

20. The Director, Local Self Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

21. The Director, Animal Husbandry Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

22. The Chief Engineer (Administration), Public Health And Engineering Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

23. The Chief Conservator Of Forest, Forest Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

24. The Director, Department Of Treasuries And Accounts, Govt. Of Rajasthan, Jaipur, Rajasthan.

25. The Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Govt. Of Rajasthan, Ajmer, Rajasthan.

26. The Director, Department Of Economics And Statistics, Govt. Of Rajasthan, Jaipur, Rajasthan.

27. The Director General Of Police, Govt. Of Rajasthan, Jaipur, Rajasthan.

28. The Commissioner, Excise Department, Udaipur, Govt. Of Rajasthan.

----Respondents

For Petitioner(s) : Mr. Surendra Choudhary.

For Respondent(s) :

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

07/11/2023

1. Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by a

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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 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".

2. Learned counsel, therefore, prays that the petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of their grievances.

3. 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 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).

4. 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,

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the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(DR.PUSHPENDRA SINGH BHATI), J.

322-/Jitender//-

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