Krishna Gopal Mundra vs State Of Rajasthan (2024:Rj-Jd:43632)
2024 Latest Caselaw 9445 Raj

Rajasthan High Court - Jodhpur

Krishna Gopal Mundra vs State Of Rajasthan (2024:Rj-Jd:43632) on 23 October, 2024

[2024:RJ-JD:43632]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 7502/2024

Krishna Gopal Mundra S/o Shri Ram Kuwar Mundra, aged about
69 Years, R/o Shree Nath Ji Gali, Bhinder, District - Udaipur
(Raj.).
                                                                       ----Petitioner
                                       Versus
1.        State of Rajasthan, through The Principal Secretary, Rural
          Development           and      Panchayati           Raj      Department,
          Secretariat, Jaipur (Raj.).
2.        The Principal Secretary, Finance Department, Government
          of Rajasthan, Secretariat, Jaipur (Raj.) - 303002
3.        The Development             Officer, Panchayat Samiti             Bhinder,
          Udaipur (Raj.).
4.        The Director, Directorate of Pension and Pensioner's
          Welfare, Government of Rajasthan, Near Amroodo Ke
          Baag, Jyothi Nagar, Lalkothi, Jaipur - 302015 (Raj.)
                                                                    ----Respondents


For Petitioner(s)           :    Mr. Sunil Joshi
For Respondent(s)           :    Mr. Kuldeep Solanki for
                                 Mr. I.R. Saini, AAG



            HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

23/10/2024

1. Learned counsel for the parties jointly submit that the

controversy involved in the present case is squarely covered by a

judgment rendered by a Coordinate Bench of this Hon'ble Court on

21.07.2023 in batch of writ petitions led by S.B. Civil Writ

Petition No.21/2020 (Vijay Singh vs. State of Rajasthan &

Ors.). The operative part whereof is reproduced hereunder :-

"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

[2024:RJ-JD:43632] (2 of 2) [CW-7502/2024]

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 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. Accordingly, this writ petition is also disposed of in light of

the decision rendered in Vijay Singh's case (supra) on the same

terms. All pending applications also stand disposed of.

(MUNNURI LAXMAN),J 299-Dharmendra Rakhecha/-

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