Rajasthan High Court - Jodhpur
Mool Singh vs The State Of Rajasthan ... on 16 February, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:8164]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1929/2024
Mool Singh S/o Shri Khushal Singh, Aged About 72 Years, R/o
Kojaniyo Ki Dhani, Langera, District Barmer, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Forests
And Environment, Government Of Rajasthan, Government
Secretariat, Jaipur.
2. The Principal Chief Conservator Of Forests (Hoff),
Rajasthan, Jaipur.
3. The Deputy Conservator Of Forest, Forests And
Environment, Barmer, Rajasthan.
4. The Assistant Director, Pension And Pensioners Welfare
Department, Jodhpur, Rajasthan.
5. The District Treasury Officer, Pension And Pensioners
Welfare Department, Barmer, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vinay Baghmar
For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
16/02/2024
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 passed by 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:-
[2024:RJ-JD:8164] (2 of 3) [CW-1929/2024]
"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".
2. Learned counsel, therefore, prays that the petitioner may be
permitted to file a detailed representation before the competent
authorities for redressal of their 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
[2024:RJ-JD:8164] (3 of 3) [CW-1929/2024]
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. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
15-akansha/-
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