Anita Joshi vs State Of Rajasthan ...
2023 Latest Caselaw 6909 Raj

[2023:RJ-JD:28503]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13249/2023

Anita Joshi W/o Sh. Mahesh Chandra, Aged About 60 Years, R/o Sharda Colony, Banswara (Rural), Rajasthan

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Women And Child Development Department, Govt. Of Rajasthan, Jaipur

2. The Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur.

3. Director, Women And Child Development Department, Jaipur.

4. Director, Pension And Pensioners Welfare Department, Govt. Of Rajasthan, Jyoti Nagar, Jaipur

5. Deputy Director, Women And Child Development Department, Banswara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Jitendra Choudhary. For Respondent(s) : Ms. Vijiya Jain for Mr. A.K. Gaur, AAG

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

06/09/2023

1. Learned counsel for the parties submit that 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 SBCWP

No.21/2020 : Vijay Singh v. 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

[2023:RJ-JD:28503] (2 of 2) [CW-13249/2023]

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 herein-above 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 petition filed by the petitioner is

also disposed in light of and with similar directions as given in the

case of Vijay Singh's case (supra).

(ARUN BHANSALI),J 149-Rmathur/-

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