Rajasthan High Court - Jodhpur
Babu Lal vs State Of Rajasthan (2024:Rj-Jd:40167) on 26 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:40167]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15145/2024
1. Babu Lal S/o Shri Khmu Ram, Aged About 63 Years,
Village Post Khileriyon Ki Dhani, Keravi, District Jalore,
Rajasthan.
2. Bhakhara Ram Bishnoi S/o Shri Ram Kishan Vishnoi, Aged
About 62 Years, Village Post Lakhaniyon Ki Dhani, Sediya,
District Jalore, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Public Health Engineering Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Admn.), Public Health Engineering
Department, Jaipur, Rajasthan.
3. The Additional Chief Engineer (Admn.), Public Health
Engineering Department, Region Ii Rajasthan, Jodhpur.
4. The Superintending Engineer, Public Health Engineering
Department, Circle Jalore.
5. The Superintending Engineer, Public Health Engineering
Department, Circle Sanchore, Jalore.
6. The Assistant Director, State Insurance And Provident
Fund Department, Jalore.
7. The Joint Director, Pension Department, Jodhpur, District
Jodhpur, Rajasthan.
8. The Treasurer, Office Of Treasury, Jalore, District Jalore,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Anil Bishnoi
Mr. Mohan Singh
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
26/09/2024
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 a batch of writ petitions led by S.B. Civil Writ Petition
[2024:RJ-JD:40167] (2 of 3) [CW-15145/2024]
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 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 petition is 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
[2024:RJ-JD:40167] (3 of 3) [CW-15145/2024]
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
34-/Arun P/-
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