Rajasthan High Court - Jodhpur
Mohan Lal Kachhwaha vs State Of Rajasthan ... on 4 October, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:32706] (1 of 3) [CW-14076/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14076/2023
Mohan Lal Kachhwaha S/o Shri Jogaram, Aged About 62 Years,
R/o Ward No .30, Gandhipura, Balotra, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Medical And Health, Government Of
Rajasthan, Secretariat, Jaipur.
2. Principal Secretary, Department Of Finance, Government
Of Rajasthan, Secretariat, Jaipur.
3. Director (Administration), Department Of Medical And
Health, Swasthya Bhawan, Tilak Marg, Jaipur.
4. Director, Directorate Of Pension And Pensioners Welfare,
Government Of Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Pramod Panwar
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/10/2023
Heard learned counsel for the petitioner.
Learned counsel for the petitioner 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 on
21.07.2023 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.
[2023:RJ-JD:32706] (2 of 3) [CW-14076/2023]
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 1 st 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 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 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
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 petitioner
seeks liberty to approach the respondents by way of filing a
detailed representation for redressal of his 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 petitioner 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
[2023:RJ-JD:32706] (3 of 3) [CW-14076/2023]
(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 petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J
130-AnilSingh/-
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