Rajasthan High Court - Jodhpur
Usha Kinra vs State Of Rajasthan (2024:Rj-Jd:36345) on 2 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:36345]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14427/2024
Usha Kinra W/o Shri Subhash Kinra, Aged About 67 Years,
Resident Of Vill. 30 B.b. Tehsil Padampur, District Sri Ganganagar
Retired On 30.06.2017 From The Post Of Senior Teacher Ii Gr.
Govt. Sr. School, 43 Rb, Tehsil - Padampur District Sri
Ganganagar. (Ppo No. 10625599 (R))
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Principal Secretary, Finance, Department Of
Government Of Rajasthan, Jaipur, Secretariat, Jaipur,
Rajasthan.
3. The Director, Pension And Pensioners Welfare
Department, Rajasthan, Jaipur.
4. The Director, Secondary Education, Bikaner, Rajasthan.
5. The Depuy Director, Pension And Pensioners Welfare
Department, Regional Office Bikaner.
6. The District Education Officer Headquarters (Secondary /
Elementary Education), Sri Ganganagar (Raj.).
7. The Secretary, Department Of Social Justice And
Empowerment, Government Of Rajasthan, Secretariat
Jaipur, Rajasthan.
8. The Joint Director, Pension And Pensioners Welfare
Department, Regional Office Bikaner.
----Respondents
For Petitioner(s) : Mr. H.R. Chawla
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/09/2024
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
[2024:RJ-JD:36345] (2 of 3) [CW-14427/2024]
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"
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.
[2024:RJ-JD:36345] (3 of 3) [CW-14427/2024]
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
291-chhavi/-
Powered by TCPDF (www.tcpdf.org)
