Mohan Ram Mundiyara vs The State Of Rajasthan ...
2023 Latest Caselaw 9904 Raj

[2023:RJ-JD:39693]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18151/2023

1. Mohan Ram Mundiyara S/o Ganga Ram, Aged About 60 Years, R/o Main Road, Sathin, Tehsil Pipar City, Jodhpur.

2. Sampat Raj Gour S/o Bhanwar Lal, Aged About 60 Years, R/o Brahmano Ka Bas, Sathin, Tehsil Pipar City, Jodhpur.

3. Sunita W/o Jayvir Singh, Aged About 60 Years, R/o Nichala Bazar, Bhim, District Rajsamand.

----Petitioners Versus

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

2. Director, Secondary Education, Rajasthan, Bikaner.

3. The District Education Officer (Headquarter), Secondary, Nagaur.

4. The District Education Officer (Headquarter), Secondary, Jodhpur.

5. The Joint Director, Secondary Education, Udaipur.

6. The District Education Officer, Secondary, Rajsamand.

                                                                     ----Respondents


For Petitioner(s)              :     Mr. Anil Bishnoi
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

[2023:RJ-JD:39693] (2 of 2) [CW-18151/2023]

(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".

In view of the above, the present writ petition is also disposed in terms of the order passed by this Court in Vijay Singh's case (supra).

(KULDEEP MATHUR),J 75-divya/-

Powered by TCPDF (www.tcpdf.org)