Kundan Ram vs State Of Rajasthan ...
2023 Latest Caselaw 9333 Raj

[2023:RJ-JD:38783]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5867/2023

Kundan Ram S/o Narayan Lal, Aged About 61 Years, Village Garniya Tehsil Jaitaran District Pali.

----Petitioner Versus

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

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

3. The Addl. Director, Pension And Pensioners Welfare Department, Jodhpur.

4. Joint Director, School Education, Pali Region, Pali.

5. District Education Officer, Headquarter Secondary Education, Pali.

6. Principal, Govt. Secondary School, Jaitaran District Pali.

----Respondents

For Petitioner(s) : Mr. RS Choudhary For Respondent(s) : Mr. Shrawan Kumar, AGC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

08/11/2023

1. It is submitted by learned counsel for the parties that the

issue raised in the present writ petition is similar to Laxmi

Narayan Saraswat Vs. State of Rajasthan & Ors.: S.B. Civil

Writ Petition No.11095/2023, decided on 29.08.2023,

wherein, a Coordinate Bench of this Court has disposed of the writ

petition ex-parte and, therefore, a similar order may be passed in

the case of petitioner.

[2023:RJ-JD:38783] (2 of 3) [CW-5867/2023]

2. In the case of Laxmi Narayan Saraswat (supra), a Coordinate

Bench of this Court inter-alia observed and directed as under:-

"Learned counsel for the petitioner 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 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".

Learned counsel, therefore, prays that the petitioner may be permitted to file a detailed representation before the competent authorities for redressal of his grievances.

In view of the above, the present writ petition is disposed with liberty to the petitioner 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).

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."

[2023:RJ-JD:38783] (3 of 3) [CW-5867/2023]

3. In view of the submissions made by the learned counsel for

the petitioner, the present petition is disposed of in light of and

with similar directions as given in the case of Laxmi Narayan

Saraswat (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 petitioner

would be entitled to the relief.

5. All pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI),J 286-Sudheer/-

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