Kamlesh Kumar Damor vs State Of Rajasthan (2023:Rj-Jd:39818)
2023 Latest Caselaw 9937 Raj

Rajasthan High Court - Jodhpur

Kamlesh Kumar Damor vs State Of Rajasthan (2023:Rj-Jd:39818) on 21 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:39818]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 16498/2023

Kamlesh Kumar Damor S/o Shri Bhooraji Damor, Aged About 63
Years, R/o Village And Post Tamtiya Rathor, District Banswara
(Raj.).
                                                                         ----Petitioner
                                         Versus
1.        State Of Rajasthan, Through The Principal Secretary
          Department       Of       Finance,     Government            Of     Rajasthan,
          Secretariat, Jaipur.
2.        The   Director,       Department          Of     Secondary          Education,
          Bikaner (Raj.).
3.        The Joint Director, Pension And Pensioner's Welfare
          Department, Udaipur (Raj.).
                                                                      ----Respondents


For Petitioner(s)              :    Ms. Sarika



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

21/11/2023

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:39818] (2 of 2) [CW-16498/2023]

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. 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).

3. 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. All pending applications also stand

disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

17-Zeeshan

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