Sarla Dave vs State Of Rajasthan ...
2023 Latest Caselaw 8394 Raj

[2023:RJ-JD:34500]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14828/2023

1. Sarla Dave W/o Shri Anil Vyas, Aged About 64 Years, R/o Taparia Bera, Outside Chandpole Gate, Jodhpur, District Jodhpur, Rajasthan.

2. Chandra Kala Tanwar W/o Shri Mohan Lal Tanwar, Aged About 70 Years, R/o Ram Chowk, Jaloria Bas, Jodhpur, District Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of 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.

5. The District Education Officer (Headquarter), Secondary Education, Jodhpur, District Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Harish Jangid For Respondent(s) : Mr. Hemant Choudhary, G.C.

Mr. Vishal Jangid, Dy.G.c.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

11/10/2023

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:34500] (2 of 3) [CW-14828/2023]

(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".

Learned counsel, therefore, prays that the petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of his grievances.

In view of the above, the present writ petition is disposed

with liberty to the petitioners 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).

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:34500] (3 of 3) [CW-14828/2023]

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 374-/Shahenshah/-

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