Rajasthan High Court - Jodhpur
Mahipal Singh Rathod vs Rajasthan State Road Transport ... on 16 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:42071]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16932/2024
Mahipal Singh Rathod S/o Shri Ganga Singh Rathore, Aged
About 61 Years, R/o 72/73, Laxmi Nagar, Ward No. 11, Tehsil
Girwa, Rebariyon Ka Gurha, Post Dhinkli, District Udaipur,
Rajasthan.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Head Office,
Parivahan Marg, Chomu House, Jaipur, Rajasthan,
Through Its Secretary.
2. Managing Direction, Rajasthan State Road Transport
Corporation, Head Office, Parivahan Marg, Chomu House,
Jaipur, Rajasthan.
3. Chief Manager, Rajasthan State Road Transport
Corporation, Dungarpur, Rajasthan.
4. The Director Of The Pension And Pensioners Welfare,
Government Of Rajasthan, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Nikhil Jain
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/10/2024
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 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
[2024:RJ-JD:42071] (2 of 3) [CW-16932/2024]
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"
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
[2024:RJ-JD:42071] (3 of 3) [CW-16932/2024]
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
64-Samvedana/-
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