Rajasthan High Court - Jodhpur
Manak Chand vs The State Of Rajasthan ... on 17 November, 2023
Bench: Kuldeep Mathur
[2023:RJ-JD:39405]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18073/2023
1. Manak Chand S/o Shri Bhagirath Upadhyay, Aged About
63 Years, Resident Of Nagouri Palsa Marwar Mundwa,
District Nagaur.
2. Omprakash Togasiya S/o Shri Narsingh Ram, Aged About
61 Years, Resident Of Shankwas Via Khajwana, District
Nagaur.
3. Arjun Ram S/o Shri Mangla Ram, Aged About 65 Years,
Resident Of Hitori, Post Gawalu, Via Khajwana, District
Nagaur.
4. Hadaman Ram S/o Shri Dhula Ram, Aged About 62 Years,
Resident Of Kasniya Ka Bas, Deshwal, Nagaur.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Public, Health And Engineering,
Government Of Rajasthan, Jaipur.
2. The Chief Engineer, Public, Health And Engineering
Department, Jaipur.
3. The Additional Chief Engineer, Public, Health And
Engineering Department, Ajmer Region, Ajmer.
4. The Superintendent Engineer, Public, Health And
Engineering Department, Circle Nagaur.
5. The Joint Director, Pension And Pensioners Welfare
Department, Ajmer.
----Respondents
For Petitioner(s) : Mr. Bhakti Singh Rathore
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/11/2023
Heard learned counsel for the petitioners.
[2023:RJ-JD:39405] (2 of 3) [CW-18073/2023]
Learned counsel for the petitioners submits that the
controversy involved in the present case is squarely covered by a
judgment rendered in a bunch of writ petitions led by S. B. Civil
Writ Petition No.21/2020 "Vijay Singh Vs. State of
Rajasthan & Ors. and other connected matters decided
on21.07.2023 in the following terms:-
"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 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 bere fixed.
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 the certified
copy of this order.
43. With the aforesaid directions, all these
petitions stand dispose of.
44. Stay applications and all applications
(pending, if any)also stand disposed of.
45. The parties are left free to bear their own
costs."
Learned counsel further submits that the controversy has
also been set at rest by Hon'ble the Supreme Court in the case of
[2023:RJ-JD:39405] (3 of 3) [CW-18073/2023]
The Director (Admn. And HR) KPTCL & Ors. Vs. C.P.
Mundinamani & Ors. : Civil Appeal No.2471/2023 affirming
the view taken in the case of Vijay Singh (supra).
In this view of the matter, learned counsel for the petitioners
seeks liberty to approach the respondents by way of filing a
detailed representation for redressal of their grievances.
Considering the judgment of this Court in Vijay Singh
(supra) as well as the judgment of Hon'ble the Supreme Court in
C.P. Mundinamani (supra), the respondents are directed to
consider the representation of the petitioners and decide the same
in accordance with the law laid down by the Hon'ble Supreme
Court as well as this Court in the cases of C.P. Mundinamani
(supra) & Vijay Singh (supra), preferably within a period of
eight weeks from the date of receipt of such representation.
The writ petition stands disposed of.
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
50-Hanuman/-
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