Girdhari Lal Kumhar vs State Of Rajasthan (2024:Rj-Jd:39172)
2024 Latest Caselaw 8325 Raj

Rajasthan High Court - Jodhpur

Girdhari Lal Kumhar vs State Of Rajasthan (2024:Rj-Jd:39172) on 21 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:39172]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 15471/2024

1.       Girdhari Lal Kumhar S/o Late Shri Kushlaram, Aged About
         64 Years, Resident Of 7, Vidhya Nagar, Near R.t.o. Office,
         Jodhpur.
2.       Nagaram Goojar S/o Shri Rajuram Goojar, Aged About 64
         Years, Resident Of Somaram Meghwal Ki Dhani, Village
         Motisar Tehsil Pokaran, District Jaisalmer.
                                                                       ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Department Of Revenue, Govt. Of Rajasthan, Jaipur.
2.       The District Collector, Jodhpur.
3.       The District Collector, Jalore.
4.       The Chairman, Board Of Revenue, Ajmer.
5.       The Land Settlement Commissioner, Gopalbadi, Jaipur.
6.       The Land Settlement Officer, Jodhpur.
7.       The Director, Pension Department, Jyoti Nagar, Jaipur.
8.       The    Secretary,          Department         Of     Finance,        Govt.   Of
         Rajasthan, Jaipur.
9.       The Director, Treasuries And Accounts Department, Vitt
         Bhawan, Jyoti Nagar, Jaipur.
10.      The Tehsildar, Chitalwana, District Jalore.
                                                                     ----Respondents


For Petitioner(s)              :     Mr. Darshan Jain
For Respondent(s)              :



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/09/2024

1. Learned counsel for the petitioners 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

[2024:RJ-JD:39172] (2 of 3) [CW-15471/2024]

in batch of writ petition led by S.B. Civil Writ Petition

No.21/2020 (Vijay Singh vs. State of Rajasthan & Ors.). The

operative part of the said order 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 30 th 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. In view of the above, the present writ petition is also

disposed in terms of the order passed by this Court in the case of

Vijay Singh (supra).

3. 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,

[2024:RJ-JD:39172] (3 of 3) [CW-15471/2024]

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 18-SanjayS/-

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