Rajasthan High Court - Jodhpur
Dama Ram vs The State Of Rajasthan ... on 20 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:38943]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15361/2024
Dama Ram S/o Purkha Ram, Aged About 61 Years, Jaisaniyo Ki
Dhani, Govindpura Post Chandsama Dist Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary Education
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner.
3. Joint Director, Secondary Education, Rajasthan, Jodhpur.
4. District Education Officer (Headquarter), Secondary,
Jodhpur, Rajasthan.
5. The Director Of The Pension And Pensioners Welfare,
Government Of Rajasthan Jaipur.
6. The Joint Director Of The Pension And Pensioner's
Welfare, Government Of Rajasthan Jodhpur.
----Respondents
For Petitioner(s) : Mr. Vipin Shekhawat
Mr. Sanjay Rajpurohit
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/09/2024
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
Petition No.21/2020 (Vijay Singh vs. State of
[2024:RJ-JD:38943] (2 of 3) [CW-15361/2024]
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 petitioner may be
permitted to file a detailed representation before the
competent authorities for redressal of his grievances.
[2024:RJ-JD:38943] (3 of 3) [CW-15361/2024]
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
19-Ashutosh/-
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