Rajasthan High Court - Jodhpur
Bhanwar Lal Joshi vs The State Of Rajasthan on 15 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:41842]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16292/2024
Bhanwar Lal Joshi S/o Shri Harnayaran Joshi, Aged About 64
Years, Resident Of Goshala Ke Pas, Village Lordiya, Tehsil And
District Phalodi, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Rajasthan
Rajya Vidhyut Prasaran Nigam Ltd., Government Of
Rajasthan, Government Secretariat, Jaipur.
2. The Secretary (Cpf-Trust), Rajasthan Rajya Vidhyut
Prasaran Nigam Ltd., Jaipur.
3. The Managing Director, Jodhpur Vidhyut Vitran Nigam
Limited, Jodhpur.
4. Senior Account Officer (Pension), Rajasthan Rajya Vidhyut
Prasaran Nigam Ltd., Jaipur.
5. The Superintendent Engineer (O And M), Jodhpur Vidhyut
Vitran Nigam Limited, Phalodi.
6. The Assistant Engineer (O And M), Jodhpur Vidhyut Vitran
Nigam Limited, Phalodi.
7. The Assistant Director, Pension And Pensioners Welfare
Department, Jodhpur, Rajasthan.
8. The District Treasury Officer, Pension And Pensioners
Welfare Department, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Abhishek Sharma
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/10/2024
1. Learned counsel for the petitioner submits that the
petitioner has superannuated on 30th June and the controversy
involved in the present case is squarely covered by a judgment
[2024:RJ-JD:41842] (2 of 3) [CW-16292/2024]
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 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"
[2024:RJ-JD:41842] (3 of 3) [CW-16292/2024]
2. Learned counsel, therefore, prays that the petitioners 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; and if the case of the petitioner falls within the
purview of the law laid down by this Court in the case of Vijay
Singh (supra); the same shall be decided in terms of the
judgment above.
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 petitioner
would be entitled to the relief sought.
5. Stay application also stands disposed of, accordingly.
(FARJAND ALI),J
10-divya/-
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