Rajasthan High Court - Jodhpur
Mahendra Kumar Joshi vs The State Of Rajasthan ... on 3 January, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:216]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19738/2023
1. Mahendra Kumar Joshi S/o Satyanarayan, Aged About 62
Years, 140, Sanjay Colony, Nagaur, District Nagaur.
2. Ram Prakash Lohamror S/o Shiv Singh Chaudhary, Aged
About 62 Years, 7/21, Hanuman Bagh Colony, Nagaur,
District Nagaur.
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Department
Of Finance, Government Of Rajasthan, Jaipur.
2. The Director, Pension And Pensioners Welfare
Department, Rajasthan, Jaipur.
3. The Joint Director, Pension And Pensioners Welfare
Department, Ajmer.
4. The Director, State Insurance And Provident Fund
Department, Jaipur.
5. The Joint Director, State Insurance And Provident Fund
Department, Nagaur.
----Respondents
For Petitioner(s) : Mr. Awar Dan Ujjwal.
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/01/2024
Heard learned counsel for the petitioners.
Learned counsel for the petitioners submits that the
controversy involved in the present case is squarely covered by a
judgment rendered in a bunch of writ petitions led by S.B. Civil
Writ Petition No.21/2020 "Vijay Singh Vs. State of
[2024:RJ-JD:216] (2 of 3) [CW-19738/2023]
Rajasthan & Ors. and other connected matters decided on
21.07.2023 in the following terms:-
"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 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 the certified
copy of this order.
43. With the aforesaid directions, all these
petitions stand dispose of.
44. Stay applications and all applications
(pending, if any) also stand disposed of.
45. The parties are left free to bear their own
costs."
Learned counsel further submits that the controversy has
also been set at rest by Hon'ble the Supreme Court in the case of
The Director (Admn. And HR) KPTCL & Ors. Vs. C.P.
[2024:RJ-JD:216] (3 of 3) [CW-19738/2023]
Mundinamani & Ors. : Civil Appeal No.2471/2023 affirming
the view taken in the case of Vijay Singh (supra).
In this view of the matter, learned counsel for the petitioners
seeks liberty to approach the respondents by way of filing a
detailed representation for redressal of his grievances.
Considering the judgment of this Court in Vijay Singh
(supra) as well as the judgment of Hon'ble the Supreme Court in
C.P. Mundinamani (supra), the respondents are directed to
consider the representation of the petitioners and decide the same
in accordance with the law laid down by Hon'ble the Supreme
Court as well as this Court in the cases of C.P. Mundinamani
(supra) & Vijay Singh (supra), preferably within a period of eight
weeks from the date of receipt of such representation.
The writ petition stands disposed of.
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.
(KULDEEP MATHUR),J
54-AbhishekK/-
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