Rajasthan High Court - Jodhpur

Devendra Kumar Mukhija vs State Of Rajasthan ... on 7 November, 2023

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:38297]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17702/2023

1. Devendra Kumar Mukhija S/o Shri Bhagwat Prakash, Aged About 60 Years, R/o Holiteeba, Road Wala Kua, Tizara, Alwar, Rajasthan.

2. Tej Singh Soni S/o Shri Heeralal Soni, Aged About 60 Years, R/o Narayan Vilas Bagh, H.no. 43, Mayur Vihar Colony, Alwar, Rajasthan.

3. Mohan Lal Sharma S/o Shri Jagdish Prasad, Aged About 65 Years, R/o Bhairu Ka Chabutra, Thakur Bhawani Singh Ki Gali, Alwar, Rajasthan.

4. Satyaveer Singh S/o Shri Bisram Yadav, Aged About 61 Years, R/o Raipur Mewan, Alwar, Rajasthan.

5. Dinesh Nandan Sharma S/o Shri Raghunandan Swaroop Sharma, Aged About 62 Years, R/o A-160, Ranjeet Nagar, Alwar, Rajasthan.

6. Shrichand Yadav S/o Shri Sardar, Aged About 62 Years, R/o Dhamawas, Mahesara, Alwar, Rajasthan.

7. Ramesh Chand Gupta S/o Shri Prabhu Dayal Gupta, Aged About 60 Years, R/o Tapookra, Alwar, Rajasthan.

8. Rajendra Prasad Sharma S/o Shri Ram Krishan Sharma, Aged About 63 Years, R/o Ward 01, Pashu Chikitsalayk E Pass, Ramwas, Alwar, Rajasthan.

9. Sushil Kumari W/o Shri Om Prakash Gandhi, Aged About 64 Years, R/o Chhaju Singh Ki Gali, Alwar, Rajasthan.

10. Subhash Chandra Bhargava S/o Shri Naval Kishor Bharbava, Aged About 69 Years, R/o 3/414 Kala Kuan Housing Board, Aravali Vihar, Alwar, Rajasthan.

11. Rajendra Prasad Sharma S/o Shri Sita Ram Sharma, Aged About 69 Years, R/o House No. A 93, Karamchari Colony, Ashok Vihar, Alwar, Rajasthan.

12. Kanti Swaroop Sharma S/o Shri Ram Swaroop Sharma, Aged About 61 Years, R/o 3/359, Kala Kuan Housing Board, Alwar, Rajasthan.

13. Shyam Sunder Mittal S/o Shri Khushi Ram Mittal, Aged About 67 Years, R/o C 62, Karamchari Colony, Ashok Vihar, Alwar, Rajasthan.

14. Mahesh Chandra Jaiman S/o Shri Kailash Chand, Aged About 62 Years, R/o H.no. 88, South West Block, Alwar, Rajasthan.

15. Babu Lal Jain S/o Shri Ram Charan Lal, Aged About 71 Years, R/o 4/228, Kala Kuan Housing Board, Alwar, Rajasthan.

16. Lajvanti Likhyani W/o Shri Bhagwandas, Aged About 64 Years, R/o 2 Ka 488-489, Shivaji Park, Alwar, Rajasthan.

17. Ramesh Chand Saini S/o Shri Shayam Ram Saini, Aged About 63 Years, R/o D-204, Delhi Road, Suryanagar, Alwar Rajasthan.

18. Reeta Bangia W/o Shri Ram, Aged About 64 Years, R/o D-

6/82, Apna Ghar Shalimar, Near Telco Circle, Alwar, Rajasthan.

19. Satish Kumar Mittal S/o Shri Uttam Chand Mittal, Aged About 67 Years, R/o Near Railway Station, 7 A, Sanjay Nagar, Alwar, Rajasthan.

20. Raja Ram Arya S/o Shri Deva Ram Arya, Aged About 63 Years, R/o B-137 F, Ganpati Vihar, Tijara Phatak, Alwar, Rajasthan.

[2023:RJ-JD:38297] (2 of 5) [CW-17702/2023]

21. Duli Chand Jatav S/o Shri Ram Dayal Jatav, Aged About 60 Years, R/o 188, Chidwai, Alwar, Rajasthan.

22. Jayanti Devi Yadav S/o Shri Jagmal Singh Yadav, Aged About 72 Years, R/o Opposite All India Radio Station, H No. 7, Paramanand Marg, Sanjay Colony, Alwar, Rajasthan.

23. Sudha Bhawan W/o Shri Sunil, Aged About 61 Years, R/o 89, Shiv Nagar, Behind Neb Krishi Upaj Mandi, Alwar, Rajasthan.

24. Pramod Kumar Sharma S/o Shri Narayan Sharma, Aged About 63 Years, R/o 381, Delhi Darwaja Bahar, Chopda Khas, Alwar, Rajasthan.

25. Apin Kumar Gupta S/o Shri Mahaveer Prasad Gupta, Aged About 62 Years, R/o 15, Vinod Bhawan, Bapu Bazar, Ashoka Takies Ke Samne, Alwar, Rajasthan.

26. Vishan Chand Saini S/o Shri Ramswaroop Saini, Aged About 64 Years, R/o Saint Monark School Ke Pass, Viveka Nand Nagar, Sec. No. 4, Alwar, Rajasthan.

27. Mahesh Chand Jain S/o Shri Babu Lal Jain, Aged About 63 Years, R/o A-85, Hasan Khan Mewat Nagar, Bansur, Alwar, Rajasthan.

28. Kunti Rogha W/o Shri Heman Rogha, Aged About 67 Years, R/o 2 K 45-46, Shivaji Park, Alwar, Rajasthan.

29. Raman Lal Sharma S/o Shri Deendayal Sharma, Aged About 60 Years, R/o H. No. 35, Opposite Kapda Factory, Shiv Colony, Alwar, Rajasthan.

30. Raju Sharma W/o Shri Shyam Sunder Sharma, Aged About 62 Years, R/o A-111, Ashok Vihar Karamchari Colony, Alwar, Rajasthan.

31. Ajay Kumar Dixit S/o Shri Harish Chandra Dixit, Aged About 64 Years, R/o 1349, Vijay Nagar, Jal Ka Choraha Ke Pass, Alwar, Rajasthan.

32. Shyam Lal Sharma S/o Shri Kali Charan Sharam, Aged About 62 Years, R/o 2/536, Kala Kuan Housing Board, Alwar, Rajasthan.

33. Kalu Ram S/o Shri Shriram Meena, Aged About 71 Years, R/o Deorajpura, Alwar, Rajasthan.

34. Hari Om Gulati S/o Shri Ram Das Gulati, Aged About 61 Years, R/o A-193, Ranjeet Nagar, Alwar, Rajasthan.

35. Brajesh Kumar Sharma S/o Shri Radhay Shayam Sharma, Aged About 64 Years, R/o G-138, Surya Nagar, Alwar, Rajasthan.

36. Soma Devi Khatri W/o Shri Daya Shanker, Aged About 63 Years, R/o Ward No. 23, Post Office Sikri, Tehsil Nagar, District Bharatpur, Rajasthan.

37. Satyaveer Singh Yadav S/o Shri Nathu Ram Yadav, Aged About 62 Years, R/o Village Gadoj, Tehsil Behror, District Alwar, Rajasthan.

38. Shiv Ram S/o Shri Kundan Ram, Aged About 63 Years, R/ o Sinpini, Bharatpur, Rajasthan.

39. Babu Lal Yadav S/o Shri Sohan Lal Yadav, Aged About 63 Years, R/o Infront Of Vet. Hospital, Tehsil Bansur, District Alwar, Rajasthan.

40. Shriram Kumhar S/o Shri Badri Prasad, Aged About 61 Years, R/o Goonta, Alwar, Rajasthan.

41. Babu Lal Yadav S/o Shri Ramniwas, Aged About 60 Years, R/o Dhani Kalakhan, Giridi, Tehsil Bansur, District Alwar, Rajasthan.

[2023:RJ-JD:38297] (3 of 5) [CW-17702/2023]

42. Ashok Kumar Sharma S/o Shri Niranjan Lal Sharma, Aged About 63 Years, R/o Kisan Colony, Naraynpur Road, Bansur, District Alwar, Rajasthan.

43. Gharshi Ram Jat S/o Shri Bholu Ram, Aged About 61 Years, R/o Village Holawas, Kanugowali Jatan, Tehsil Bansur, District Alwar, Rajasthan.

44. Hari Singh S/o Shri Ramswaroop, Aged About 61 Years, R/o Village Moondli, Hazipur, Tehsil Bansur, District Alwar, Rajasthan.

45. Lajpat Rai Sain S/o Shri Mohan Lal Sain, Aged About 60 Years, R/o Village Hazipur, Tehsil Bansur, District Alwar, Rajasthan.

46. Shiv Ram S/o Shri Kundan Ram, Aged About 6 Years, R/o Village Sinpini, Tehsil And District Bharatpur, Rajasthan.

47. Raghunath Ram Meghwal S/o Shri Chimana Ram, Aged About 64 Years, R/o Village Binja, Bayad, District Pali, Rajasthan.

48. Ganesh Lal Sinhal S/o Shri Bal Mukand Sinhal, Aged About 68 Years, R/o 2/c/104, Chopasani Housing Board, Jodhpur, Rajasthan.

----Petitioners Versus

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[2023:RJ-JD:38297] (4 of 5) [CW-17702/2023]

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

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

17. The Chief Engineer, Public Works Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

18. The Commissioner, Commercial Tax Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

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

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

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

22. The Director, Woman And Child Development Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

23. The Director, Mines And Geology Department Govt Of Rajasthan, Udaipur, Rajasthan.

24. The Additional Director (Mines), Mines And Geology Department, West Patel Nagar, Govt. Of Rajasthan, Jodhpur, 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

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

[2023:RJ-JD:38297] (5 of 5) [CW-17702/2023]

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".

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,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.