Kailash Chand Trivedi vs State Of Rajsthan ...
2023 Latest Caselaw 8491 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16152/2023

1. Kailash Chand Trivedi S/o Shri Laxmi Narayan Trivedi, Aged About 65 Years, R/o 155 C, Rajeev Nagar, Opposite Shakti Nagar Road No. 8, Mahamandir, Jodhpur, Rajasthan.

2. Sayar Ram Vishnoi S/o Shri Chokha Ram Vishnoi, Aged About 61 Years, R/o Plot No. 27, Om Gehlot Nagar, Opposite Rajasthan Hospital, Nandri, Jodhpur, Rajasthan.

3. Purushottam Dass S/o Shri Inder Singh, Aged About 66 Years, R/o Plot No. 25, Santi Public School Ke Pass, Ganpati Vihar Colony, Tijara Phatak Par, Alwar, Rajasthan.

4. Vishvanath Sharma S/o Shri Narayan Dutt, Aged About 60 Years, R/o Village Surera, District Sikar, Rajasthan.

5. Amar Singh S/o Shri Sagat Singh, Aged About 64 Years, R/o Meha Nagar, Nimbo Ka Talab, Tehsil Osiyan, District Jodhpur, Rajasthan.

6. Champa Lal Acharya S/o Shri Harsukh Lal, Aged About 61 Years, R/o Plot No. 6-7, Khasra No. 112, Parshwanath Nagar Ke Pass, Nandri, Jodhpur, Rajasthan.

7. Mangi Das Vaishanv S/o Shri Madan Das, Aged About 66 Years, R/o Jhipasani, Karwar, Jodhpur, Rajasthan.

8. Tej Prakash Gehlot S/o Shri Mangal Singh Gehlot, Aged About 62 Years, R/o Behind Bhadsiya School, 14-15, Shanti Nagar, Jodhpur, Rajasthan.

9. Than Singh S/o Shri Durga Ram, Aged About 60 Years, R/o 153 Daurda, Rupbas, Daurda, District Bharatpur, Rajasthan.

----Petitioners Versus

1. State Of Rajsthan, Through Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Director, Directorate Of Pension Department, Government Of Rajasthan, Jyoti Nagar, Lalkothi, Jaipur, Rajasthan.

3. State Of Rajasthan, Through Secretary, Department Of Personnel And Training, Govt. Of Rajasthan, Secretariat,

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Jaipur, Rajasthan.

4. State Of Rajasthan, Through Principal Secretary, Department Of Education, Govt. Of Rajasthan Secretariat, Jaipur, Rajasthan.

5. State Of Rajasthan, Through Principal Secretary, Revenue Department, Govt. Secretariat, Jaipur, Rajasthan.

6. The Director, Secondary Education, Bikaner, Rajasthan.

7. The Director, Elementary Education, Bikaner, Rajasthan.

8. The Managing Director, Jodhpur Vidhyut Vitran Nigam Limited, Jodhpur, Rajasthan.

9. The Director General Of Police, Govt. Of Rajasthan Jaipur, Rajasthan.

10. The Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

                                                                       ----Respondents


For Petitioner(s)               :     Mr. Surendra Choudhary
For Respondent(s)               :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/10/2023

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

(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

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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 their 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,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 51-Shahenshah/-

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