Rajasthan High Court - Jodhpur
Banshi Lal Jeengar vs State Of Rajasthan (2024:Rj-Jd:42292) on 17 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:42292]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17002/2024
Banshi Lal Jeengar S/o Jeda Ram, Aged About 64 Years, R/o
Village Jeengar Bajar Bhinmal, District- Jalore Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Treasuries And Accounts (Dta) Government Of
Rajasthan, Jaipur.
2. The Secretary, Department Of Finance, Government Of
Rajasthan, Jaipur, Rajasthan.
3. The Director, Department Of Treasuries And Accounts
(Dta), Jyoti Nagar, Lalkothi, Jaipur, Rajasthan.
4. Director, Secondary Education Government Of Rajasthan.
5. Director, Elementary Education Government Of Rajasthan.
6. The Director, Pension And Pensioners Welfare Department
Government Of Rajasthan Jaipur, Rajasthan.
7. The Joint Director, Pension And Pensioners Welfare
Department Regional Office, Jodhpur, Rajasthan.
8. The Additional Secretary, Department Of Finance,
Government Of Rajasthan, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. K.P. Raj Singh Deora.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
17/10/2024
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 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
on1st July on account of their conduct for the requisite
[2024:RJ-JD:42292] (2 of 2) [CW-17002/2024]
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 caseof
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 of
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 petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J
35-Shahenshah/-
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