Rajasthan High Court - Jodhpur
Anada Ram vs District And Session Judge, Balotra ... on 17 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:38335] (1 of 3) [CW-9301/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9301/2020
Anada Ram S/o Shri Amra Ram, Aged About 63 Years, By Caste-
Meghwal, Resident Of Chhotu, Tehsil- Gudamalani, District-
Barmer (Rajasthan)
----Petitioner
Versus
1. District And Session Judge, Balotra, District- Barmer.
2. Registrar, Rajasthan High Court, Jodhpur
----Respondents
Connected With
S.B. Civil Writ Petition No. 9485/2020
Hardan Ram S/o Uma Ram, Aged About 61 Years, By Caste Jat,
Resident Of Kudana, Tehsil And District Barmer (Rajasthan)
----Petitioner
Versus
1. District And Session Judge, Balotra, District Barmer.
2. Registrar, Rajasthan High Court, Jodhpur
----Respondents
For Petitioner(s) : Mr. Jatin Sakhla for
Mr. Mohan Lal Khatri.
For Respondent(s) : Mr. S.P. Sharma.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
17/09/2024
1. Learned counsel for the petitioners submits that the
controversy involved in the present cases 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
[2024:RJ-JD:38335] (2 of 3) [CW-9301/2020]
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 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 petitioners may
be permitted to file a detailed representation before the
competent authorities for redressal of their grievances.
3. In view of the above, the present writ petitions are disposed
of with liberty to the petitioners 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
petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J
81-82/Vivek/-
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