Man Singh Rathore vs Secretary (2024:Rj-Jd:8652)
2024 Latest Caselaw 1681 Raj

Rajasthan High Court - Jodhpur

Man Singh Rathore vs Secretary (2024:Rj-Jd:8652) on 20 February, 2024

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2024:RJ-JD:8652]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1835/2024

Man Singh Rathore S/o Lal Singh, Aged About 74 Years, 463, New Bjs Colony, Jodhpur.

----Petitioner Versus

1. Secretary, Home Department, Government Of Rajasthan.

2. Inspector General Of Police, Jodhpur Ange, Jodhpur

3. Director General Of Police, Rajasthan Police

4. Directorate Of Pension And Pensioners Welfare, Govt. Of Rajasthan Through Joint Secretary

----Respondents

For Petitioner(s) : Mr. Sachin Saraswat For Respondent(s) : -

JUSTICE DINESH MEHTA

Order

20/02/2024

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 Jaipur Bench of this Court

rendered in a bunch 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 on 1st July on account of their conduct for the requisite length of time i.e. one year. The

[2024:RJ-JD:8652] (2 of 3) [CW-1835/2024]

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 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

petitioners would be entitled to the relief.

[2024:RJ-JD:8652] (3 of 3) [CW-1835/2024]

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 9-akansha/-

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