Rajasthan High Court - Jodhpur
Vinod Kumar vs The State Of Rajasthan (2024:Rj-Jd:92) on 2 January, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:92]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19535/2023
Vinod Kumar S/o Shri Kishana Ram, Aged About 71 Years, R/o 7-
A, Rajiv Nagar, Road No. 2, Mahamandir, Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Public
Health And Engineering Department (Ignp), Government
Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Executive Engineer, Indira Gandhi Nahar Pariyojana,
Jodhpur, Rajasthan.
3. The Deputy Director, Department Of Pension And
Pensioners Welfare Department, Jodhpur, Rajasthan.
4. The Treasurer, Department Of Pension And Pensioners
Welfare Department, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Abhishek Sharma.
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
02/01/2024
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 on 1st July on
account of their conduct for the requisite length of time
[2024:RJ-JD:92] (2 of 2) [CW-19535/2023]
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 petitioner
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".
Learned counsel, therefore, prays that the petitioner may be
permitted to file a detailed representation before the competent
authorities for redressal of his grievance.
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).
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.
(KULDEEP MATHUR),J
13-AbhishekK/-
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