Rajasthan High Court - Jodhpur
Shyam Lal Mathur vs State Of Rajasthan (2023:Rj-Jd:40139) on 22 November, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:40139]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18388/2023
1. Shyam Lal Mathur S/o Late Gyan Chand Mathur, Aged
About 65 Years, A-5 Shastri Nagar, Jodhpur.
2. Dr. Pradeep Kumar Gaur S/o Late Bal Kishan Gaur, Aged
About 65 Years, B-4 Shastri Nagar, Jodhpur.
3. Dr. Ghanshyam Das Koolwal S/o Late Manmohan Koolwal,
Aged About 65 Years, 27 A/51, Light Industrial Area
Adarsh Society, Jodhpur.
4. Dr. Malti Mathur W/o Dr. Shyam Lal Mathur, Aged About
64 Years, A-5 Shastri Nagar, Jodhpur.
5. Dr. Premchand Gupta S/o Late R.n. Gupta, Aged About 63
Years, 3 Ka 9, First Pulia, Chopasani Housing Board,
Jodhpur.
6. Dr. Ajeet Kumar Jakhar S/o Late Narayan Singh, Aged
About 64 Years, 9 B/2 Shiv Road, Ratanada, Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Director, Directorate Of
Pension And Pensioners Welfare, Rajasthan, Jyoti Nagar,
Jaipur
2. The Secretary, Medical Education, Group-1, Rajasthan,
Jaipur
3. The Secretary, Medical And Health Department, Govt. Of
Rajasthan, Jaipur
4. The Secretary, Medical And Health Department, Group-2,
Govt. Of Rajasthan, Jaipur
5. The Principal And Controller, Dr. S.n. Medical College And
A.g.h., Jodhpur, Rajasthan.
6. The Treasury Officer, Jodhpur (Rural), Jodhpur, Rajasthan.
7. Superintendent, Mathuradas Mathur Hospital, Jodhpur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Rajesh Shah
For Respondent(s) :
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[2023:RJ-JD:40139] (2 of 3) [CW-18388/2023]
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/11/2023
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 Hon'ble 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.
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,
[2023:RJ-JD:40139] (3 of 3) [CW-18388/2023]
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.
221-Sudheer/-
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