Bhanwar Singh Mundel vs State Of Rajasthan ...
2023 Latest Caselaw 9809 Raj

[2023:RJ-JD:39199]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17970/2023

Bhanwar Singh Mundel S/o Shri Harsukh Ram, Aged About 62 Years, Resident Of Village Dharnawas, Tehsil Khinvsar, District Nagaur (Rajasthan)

----Petitioner Versus

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

2. Secretary To The Government, Department Of Finance (Rules), Government Of Rajasthan, Secretariat, Jaipur

3. Director, Directorate Of Pension And Pensioners Welfare, Rajasthan, Jaipur

4. Deputy Director, Pension And Pensioners Welfare Department, Regional Office, Ajmer

5. District Education Officer (Headquarter), Secondary Education, Nagaur

----Respondents

For Petitioner(s) : Mr. Nimba Ram Choudhary For Respondent(s) :

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

16/11/2023

1. 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.

[2023:RJ-JD:39199] (2 of 2) [CW-17970/2023]

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 petitioner may be

permitted to file a detailed representation before the competent

authorities for redressal of his grievances.

3. 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).

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.

(DR.PUSHPENDRA SINGH BHATI),J 18-Sudheer/-

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