Rajasthan High Court - Jodhpur
Khetendra Kumar Parmar vs State Of Rajasthan ... on 7 October, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:33621] (1 of 2) [CW-15628/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15628/2023
Khetendra Kumar Parmar S/o Late Shri Narayanlal Parmar, Aged
About 63 Years, Resident Of Near Public Garden, Gokulwadi,
Sheoganj, District - Sirohi (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Secretariat Jaipur, Rajasthan.
2. The Principal Secretary, Department Of Finance,
Government Of Rajasthan, Secretariat, Jaipur ,rajasthan.
3. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
4. The Deputy Director, Pension And Pensioners Welfare,
Jodhpur, District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sanjay Raj Paliwal
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
07/10/2023
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 a
batch of writ petitions led by S.B. Civil Writ Petition No.21/2020
(Vijay Singh vs. State of Rajasthan & Ors.). The operative part of
the said order is 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
[2023:RJ-JD:33621] (2 of 2) [CW-15628/2023]
get the benefits of increment falling due on1st 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. Learned counsel, therefore, prays that the petitioner may be
permitted to file a detailed representation before the competent
authorities for redressal of his grievances.
3. In view of the above, the present writ petition is disposed with
liberty to the petitioner 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).
4. 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.
5. Stay petition also stands disposed of.
(VINIT KUMAR MATHUR),J
125-Anil Singh/-
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