Manjula Tailor vs State Of Rajasthan ...
2023 Latest Caselaw 9853 Raj

[2023:RJ-JD:39775]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18165/2023

1. Manjula Tailor D/o Bhura Lal, Aged About 63 Years, R/o 1 V 24, Ashirwad, Pani Ki Tanki Ke Piche, R.c. Vyas Colony, Bhilwara, Rajasthan.

2. Ram Gopal Jeengar S/o Ram Niwas Jeengar, Aged About 60 Years, R/o Adarsh Nagar, Shahpura, District Bhilwara, Rajasthan.

3. Gani Mohammed Deshwali S/o Kalu Khan Deshwali, Aged About 64 Years, R/o Deshwali Mohalla, Phuliya Gate Shahpura, District Bhilwara.

4. Nand Lal Damami S/o Soji Ram, Aged About 63 Years, R/ o Behind Lic Office, Shahpura, District Bhilwara, Rajasthan.

5. Shiv Singh Shaktawat S/o Chandra Singh, Aged About 62 Years, R/o Mali Mohalla, Vpo Bisandani, Tehsil Sawar, District Kekri, Rajasthan.

6. Smt. Gopal Devi Sarva D/o Late Shanti Lal Thada, Aged About 62 Years, R/o C/o Ram Narayan Chhipa, Near Rawala Ghat, Shahpura, District Bhilwara, Rajasthan.

7. Gajraj Singh Shaktawat S/o Sehr Sing, Aged About 62 Years, R/o Chousla Colony, Deoli Road, Sarwar, District Kekri, Rajasthan.

8. Prem Kumari Sharma D/o Radheyshyam Pancholi, R/o Shahpura, District Bhilwara, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Chief Secretary, Secretariat, Rajasthan, Jaipur.

2. State Of Rajasthan, Through Its Principal Finance Secretary, Secretariat, Rajasthan, Jaipur.

3. State Of Rajasthan, Through Secretary To The Government, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur.

4. Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

5. Director (Non Gazetted), Medical And Health Services, Rajasthan, Jaipur.

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6. The Director, Treasury And Accounts Department, Rajasthan, Jaipur.

7. The Director, Department Of Pension And Pensioners Welfare, Rajasthan, Jaipur.

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

9. The Joint Director, School Education, Ajmer Division, Ajmer.

10. The District Education Officer (Headquarter), Secondary Education, Ajmer.

11. The District Education Officer (Headquarter), Secondary Education, Chittorgarh.

12. The Chief Engineer, Public Health And Engineering Department, Jaipur.

13. The Additional Chief Engineer, Public Health And Engineering Department, Region Ajmer, District Ajmer.

14. Assistant Engineer, Public Health And Engineering Department, Sub Division Kekri, District Ajmer.

----Respondents

For Petitioner(s) : Mr. Hans Raj Nimbar.

For Respondent(s) : --

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/11/2023

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.

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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 petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of their grievances.

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).

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

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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 80-Prashant/-

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