Mangi Lal vs State Of Rajasthan ...
2023 Latest Caselaw 7639 Raj

[2023:RJ-JD:31440]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14549/2023

Mangi Lal S/o Shri Gopaji, Aged About 61 Years, R/o Thoor, Udaipur, Rajasthan - 313011.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Public Works Department (Pwd), Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. Chief Engineer, Public Works Department (Pwd), Jaipur, Ganpati Nagar, Jaipur, Rajasthan.

3. Director, Directorate Of Pension Department, Government Of Rajasthan, Jyothi Nagar, Lalkothi, Jaipur - 302015

----Respondents

For Petitioner(s) : Mr. Hans Raj Nimbar with Mr. Ajay Choudhary

JUSTICE DINESH MEHTA

Order

22/09/2023

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 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

[2023:RJ-JD:31440] (2 of 2) [CW-14549/2023]

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.

(DINESH MEHTA),J 108-Mak/-

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