Braham Deo Vyas vs State Of Rajasthan ...
2023 Latest Caselaw 7681 Raj

[2023:RJ-JD:31739]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15005/2023

1. Braham Deo Vyas S/o Shri Kishan Lal Vyas, Aged About 67 Years, R/o Sada Sukh Lane, Bania Bara Mohalla, Jodhpur, Rajasthan.

2. Pratibha Dwivedi W/o Shri Dhannanjay Kumar, Aged About 64 Years, R/o A-7, Jawahar Nagar, Bharatpur, Rajasthan.

3. Rajendra Prasad Jaisalmeria S/o Shri Ram Chandra, Aged About 71 Years, R/o Plot No.2, Shiv Lal Mathur Nagar, Dau Ki Dhani, Kamla Nehru Nagar, Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, 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, Jaipur, Rajasthan.

4. State Of Rajasthan, Throgh Secretary, Department Of Higher Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

5. State Of Rajasthan, Through Principal Secretary, Public Health And Engineering Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

6. The Chief Engineer (Administration), Public Health And Engineering Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

7. The Commissioner, Higher And College Education Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

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

----Respondents

[2023:RJ-JD:31739] (2 of 3) [CW-15005/2023]

For Petitioner(s) : Mr. Surendra Singh Choudhary

JUSTICE DINESH MEHTA

Order

26/09/2023

1. 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 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 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 petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of their grievances.

[2023:RJ-JD:31739] (3 of 3) [CW-15005/2023]

3. 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).

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

petitioners would be entitled to the relief.

5. Stay petition also stands disposed of.

(DINESH MEHTA),J 654-Mak/-

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