Rajasthan High Court - Jodhpur
Janki Hemlani vs State Of Rajasthan (2024:Rj-Jd:39171) on 21 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:39171]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15516/2024
1. Janki Hemlani W/o Shri Mahesh Kumar Dave, Aged About
65 Years, Resident Of G-10 Guru Nanak Colony, Aburoad,
Aburoad, District Sirohi.
2. Jaswant Kumar Dave, Aged About 66 Years, Resident Of
Ward-05, Brahampuri, Jhadoli, Sirohi District Sirohi.
3. Mohan Singh Solanki S/o Shri Sardar Singh Solanki, Aged
About 67 Years, Resident Of Rajput Vas, Jhadoli, District
Sirohi.
4. Ganpat Singh Chouhan S/o Shri Bhim Singh, Aged About
62 Years, Resident Of New Jhadoli Severa Road, Jhadoli
District Sirohi.
5. Hema Ram Purohit S/o Shri Otaji, Aged About 66 Years,
Resident Of 613, Purohit Vas Gali, Kiwarli, Kiwarli, Sirohi,
District Sirohi.
6. Rupa Ram Meena S/o Shri Bhagwana Ram Meena, Aged
About 63 Years, Resident Of Sarupnagar Menwada,
Bhaatkada, Sirohi District Sirohi.
7. Sheela Barad W/o Shri Arjun Singh, Aged About 69 Years,
Resident Of Tankariya Gali No. 05, Sirohi, District Sirohi.
8. Hari Lal K. Mali S/o Shri Kupa Ram Mali, Aged About 68
Years, Resident Of Near Housing Board 04, Hariom Nagar,
Sirohi, District Sirohi.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Finance, Govt. Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
2. The Director, Directorate Of Pension Department,
Government Of Rajasthan, Jyoti Nagar, Lalkothi, Jaipur,
Rajasthan.
3. The Director, Elementary Education, Bikaner, Rajasthan.
4. The Director, Secondary Education, Bikaner, Rajasthan.
----Respondents
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[2024:RJ-JD:39171] (2 of 3) [CW-15516/2024]
For Petitioner(s) : Mr. Abhishek Sindal &
Mr. Anirudh Purohit for
Mr. Poonam Chandra Purohit
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
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.
[2024:RJ-JD:39171] (3 of 3) [CW-15516/2024]
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,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J
43-SanjayS/-
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