Rajasthan High Court - Jodhpur
Mahesh Kumar Ojha vs State Of Rajasthan (2024:Rj-Jd:40410) on 27 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:40410]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15355/2024
Mahesh Kumar Ojha S/o Shri Satynaryan Ojha, Aged About 65
Years, R/o Shiv Mandir Ke Pass, Barha Guwad Chowk, Bikaner,
District Bikaner (Rajasthan). Retired From The Post Of Assistant
Administrative Officer In Command Area Development, Ignp At
Bikaner City On 30.06.2019.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Finance Department, Government Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary, Finance (Revenue) Department,
Jaipur, Rajasthan.
3. The Commissioner, Command Area Development, Bikaner,
Rajasthan.
4. The Financial Advisor, Command Area Development Ignp,
Bikaner, Rajasthan.
5. The Director, Pension Department, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Rajdev Rajpurohit
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
27/09/2024
1. Learned counsel for the petitioner 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
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.
[2024:RJ-JD:40410] (2 of 3) [CW-15355/2024]
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 petitioner 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 of
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, 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
[2024:RJ-JD:40410] (3 of 3) [CW-15355/2024]
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.
(VINIT KUMAR MATHUR),J
36-SanjayS/Nikita/-
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