Rajasthan High Court - Jodhpur
Rajesh Mutha vs Regional Director (2024:Rj-Jd:40232) on 26 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:40232]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16261/2024
Rajesh Mutha S/o Late Inder Narayan Mutha, Aged About 63
Years, 'inderkamal' House No - 20, Ashapurna Nagar, Pal,
Jodhpur (Rajasthan)
----Petitioner
Versus
1. Regional Director, E.s.i.c. Bhawani Singh Marg, Jaipur
(Rajasthan)
2. The Deputy Director (In Charge), Sro, Esi Hospital Kamla
Nehru, Jodhpur, Rajasthan
----Respondents
For Petitioner(s) : Mr. Abishek Purohit
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
26/09/2024
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 passed by Hon'ble the Supreme Court in the
case of Director (Admn. And HR) KPTCL and Ors. vs.
C.P. Mundinamani and Ors. in Civil Appeal
No.2471/2023 decided on 11.04.2023 and further followed
and relied by 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.) decided on
21.07.2023. The operative part of the said order is
reproduced as under:-
[2024:RJ-JD:40232] (2 of 3) [CW-16261/2024]
"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 petitioners may be
permitted to file a detailed representation before the
competent authorities for redressal of his grievances.
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 Hon Hon'ble the Supreme
[2024:RJ-JD:40232] (3 of 3) [CW-16261/2024]
Court in the case of Director (Admn. And HR) KPTCL
(supra) and relied 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
232-Samvedana/-
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