Rajasthan High Court - Jodhpur
Ashok Kumar Jain vs State Of Rajasthan (2024:Rj-Jd:4777) on 30 January, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:4777]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1424/2024
1. Ashok Kumar Jain S/o Shri Hazari Lal Jain, Aged About 60
Years, R/o 50, Basant Bihar Special, Kota, Rajasthan.
2. Gopal Das Sharma S/o Shri Shanker Lal Sharma, Aged
About 63 Years, R/o Dahi Wali Gali, Byaniya Mohalla,
Bharatpur, Rajasthan.
3. Shiv Kumar Kaushik S/o Shri Deepchand, Aged About 69
Years, R/o 344, Malviya Nagar, Behind Arya Mahila B.ed
Collage, Alwar, Rajasthan.
4. Rajendra Singh Chouhan S/o Shri Nanan Singh Chouhan,
Aged About 60 Years, R/o A-45(E), Hasan Khan Mewati
Nagar, Alwar Rajasthan.
5. Manya Ram S/o Shri Dev Bux, Aged About 66 Years,
Purani Basti, Scheme No.4, Phooti Khel, Alwar, Rajasthan.
6. Laxman Das Ahuja S/o Shri Moolchand Ahuja, Aged About
65 Years, R/o 109, Gali No.11, Road No.2, Daru Kuta
Mohalla, Alwar, Rajasthan.
7. Prahlad Swaroop Pahadia S/o Shri Badlu Ram Pahadia,
Aged About 66 Years, R/o A-256, Ranjeet Nagar, Alwar,
Rajasthan.
8. Banwari Lal Sharma S/o Shri Shivdayal Sharma, Aged
About 70 Years, R/o Gram Murlipura, Post Moonpur, Tehsil
Rajgarh, District Alwar, Rajasthan.
9. Ashok Kumar Jain S/o Shri Gulab Chand Jain, Aged About
61 Years, R/o 4Kh, Manu Marg Housing Board Colony,
Alwar, Rajasthan.
10. Asha Devi Sharma W/o Shri Shambu Dayal, Aged About
69 Years, R/o 3/188, Kala Kunwa Housing Board, Alwar,
Rajasthan.
11. Omprakash Yadav S/o Shari Malla Ram Yadav, Aged About
65 Years, R/o Village Kankar Dopa, Tehsil Behror, District
Alwar, Rajasthan.
12. Anand Kumari W/o Shri Jagdish Lal Arora, Aged About 60
Years, R/o Tower-3, Flat No.112, Apna Ghar Shalimar
Extension, Gate No.3, Alwar, Rajasthan.
13. Naresh Kumar Bhatiya S/o Shri Madan Lal Bhatiya, Aged
About 66 Years, R/o 132 A, Scheme 2, Lajpat Nagar,
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Alwar, Rajasthan.
14. Nand Kishore Saini, Aged About 65 Years, R/o Tuleda
Road, Shiv Colony, Alwar, Rajasthan.
15. Jagdish Prasad Saini S/o Shri Nand Kishor Saini, Aged
About 60 Years, R/o Uplla Sonava, Scheme No.8, Shyam
Flour Mill, Alwar, Rajasthan.
16. Prem Narain Saini S/o Shri Kishan Lal Saini, Aged About
67 Years, R/o Lodi Ka Bas, Nayabass, In Front Of Shiv
Mandir, Alwar, Rajasthan.
17. Jayshree Sardana S/o Shri Ravinder Sardana, Aged About
67 Years, R/o 2/448, Aravali Vihar, Alwar, Rajasthan.
18. Jatan Singh S/o Shri Hari Singh, Aged About 63 Years,
R/o 4/46, Vivekanand Nagar, Sector 4, Alwar, Rajasthan.
19. Gulshan Das Khatri S/o Shri Bhagwan Das Khatri, Aged
About 67 Years, R/o Flat No.802, Tower No.3, Apna Ghar
Shalimar Extension, Raisees, Alwar, Rajasthan.
20. Pushpendra Singh S/o Shri Jagannath Prasad, Aged About
67 Years, R/o 3/321, Kala Kuan Housing Board, Alwar,
Rajasthan.
21. Kailash Chand Yadav S/o Shri Shyonarayan, Aged About
65 Years, R/o Raja Ji Ka Bass, Near Police Line, Alwar,
Rajasthan.
22. Om Prakash S/o Shri Daya Shankar, Aged About 62 Years,
R/o 1112, Premnagar, Dangawas, District Nagaur, Alwar,
Rajasthan.
23. Satya Prakash Gaur S/o Shri Ram Bharosi Lal, Aged About
65 Years, R/o 3/206, Narayan Colony, S.p Niwas Ke Pass,
Dholpur, Rajasthan.
24. Ajmer Singh S/o Shri Rambabau Singh, Aged About 65
Years, R/o 31, Ajaypura, Post Bothpura, Dholpur,
Rajasthan.
25. Ramesh Chand S/o Shri Chandar Ram, Aged About 60
Years, R/o 122, Block B, Surya Nagar, Alwar, Rajasthan.
26. Dharampal Yadav S/o Shri Gori Sahai, Aged About 68
Years, R/o Gokulpur, Alwar, Rajasthan.
27. Basti Ram Yadav S/o Shri Richhapal, Aged About 66
Years, R/o Ward No.3, Hamidpur, Tehsil Behror, Alwar,
Rajasthan.
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28. Radheshyam Sharma S/o Shri Amar Chand Sharma, Aged
About 67 Years, R/o Ward No.7, Gandhi Park. Moh.
Govindgarh, Rambas, Alwar, Rajasthan.
29. Rakesh Kumar Banga S/o Shri Shanti Swaroop Banga,
Aged About 66 Years, R/o 187, Moh. Khadana, Behind
M.g. Market, Near Road No.2, Alwar, Rajasthan.
30. Nirmala Yadav W/o Shri Ramesh Yadav, Aged About 63
Years, R/o 50, Arya Nagar, 80 Quarter Scheme No.1,
Alwar, Rajasthan.
31. Sunita Yadav W/o Shri Satish Kumar, Aged About 63
Years, R/o B-84, Hkm, Alwar, Rajasthan.
32. Girraj Prasad Jasoria S/o Shri Radhe Shyam Jasoria, Aged
About 62 Years, R/o 2/33, Kala Kuan Housing Board,
Alwar, Rajasthan.
33. Baljeet Kaur W/o Shri Suraj Singh, Aged About 71 Years,
R/o 379 Swb, Vrandawan Park, Alwar, Rajasthan.
34. Ashok Kumar Jain S/o Shri Chhagan Lal Jain, Aged About
65 Years, R/o T-3, 308, Apna Ghar Shalimar, Alwar,
Rajasthan.
35. Babu Lal S/o Shri Radhe Shyam, Aged About 64 Years,
R/o Kutakpur Patti, Opposite Taigor Public School, Seekri,
Bharatpur, Rajasthan.
36. Ram Singh Yadav S/o Shri Ram Yadav, Aged About 67
Years, R/o Khohri, Behror, Alwar, Rajasthan.
37. Chunni Lal Dardi S/o Shri Bhuji Mal, Aged About 65 Years,
R/o Khatik Mohalla, Alwar, Rajasthan.
38. Banwari Lal Yadav S/o Shri Prabhati Lal Yadav, Aged
About 66 Years, R/o Hamidpur, Tehsil Behror, Alwar,
Rajasthan.
39. Sher Singh Saini S/o Shri Lal Saini, Aged About 74 Years,
R/o 26-A, Jawhar Nagar, N.e.b. Road, Opp. Oxford
Acadamy English School, Alwar, Rajasthan.
40. Babu Lal Jangid S/o Shri Shreenarayan Jangid, Aged
About 70 Years, R/o V/p Machari, Alwar, Rajasthan.
41. Babu Lal Jaiman S/o Shri Kalyan Sahay Jaiman, Aged
About 70 Years, M.n.112, Panchayat Bhavan Ke Pass,
Sakat, Alwar, Rajasthan.
42. Anand Kumar S/o Shri Mool Chand, Aged About 62 Years,
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R/o Ward No.12, New Colony, Heera Nagar Road, Neem
Ka Thana, Sikar, Rajasthan.
43. Prashant Bohra S/o Shri Indra Nath Bohra, Aged About 64
Years, R/o Lal Ji Maharaj Ki Gali, Jalap Mohalla, Jodhpur,
Rajasthan.
44. Baboo Das S/o Shri Gyan Das, Aged About 63 Years, R/o
Mahaveer Puram City, Jodhpur, Rajasthan.
45. Bhanu Prakash Audichya S/o Shri Gokul Chand Acharya,
Aged About 69 Years, R/o Near Kuchaman College,
Station Road, Kuchaman City, Nagaur, Rajasthan.
46. Chhitar Mal Chumbak S/o Shri Gyarasa Ram, Aged About
70 Years, R/o Anand Nagar Colony, Ward No.25,
Khairthal, Alwar, Rajasthan.
47. Bharapai Devi W/o Shri Dharmapal, Aged About 63 Years,
R/o Yadav Mohalla, Ward No.3, Khairthal, Alwar,
Rajasthan.
48. Sujan Singh Yadav S/o Shri Ram Chandar Yadav, Aged
About 61 Years, R/o Kaushalpur, Alwar, Rajasthan.
49. Ratan Lal Saini S/o Shri Bhore Lal Saini, Aged About 73
Years, R/o Jogi Wada, Ward No.4, Khairthal, Alwar,
Rajasthan.
50. Om Prakash Parashar S/o Shri Sampat Lal Parashar, Aged
About 60 Years, R/o D-33, Narbda Vihar, Pur Road,
Bhilwara.
51. Bajrang Prasad Chouhan S/o Shri Manak Chand Chouhan,
Aged About 61 Years, R/o Plot No.10, Shiv Vihar, Village
Golywas, Jaipur, Rajasthan.
52. Abdul Kader Qureshi S/o Shri Peer Mohammad, Aged
About 67 Years, R/o 35, Vaibhav Nagar, Canal Road,
Police Line, Nayapura, Kota, Rajasthan.
53. Kifayat Ullah Khan S/o Shri Mohammad Abdullah Khan
Nizami, Aged About 60 Years, R/o 715/51, Munshi Khan
Ki Gali, Near Sunni Jama Masjid, Lohakhan, Ajmer,
Rajasthan.
54. Natwar Lal S/o Shri Radha Krishana Purohit, Aged About
62 Years, R/o 114, Chhaganiyo Ka Mohalla, Merta, District
Nagaur, Rajasthan.
55. Irshad Ahmad S/o Shri Mohamad Sayeed, Aged About 62
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Years, R/o Ishard Ahmad Mangrol Road, Baran,
Rajasthan.
56. Mani Ram Tada S/o Shri Rambaks, Aged About 60 Years,
R/o Village Basni Seja, Tehsil Merta City, District Nagaur,
Rajasthan.
57. Prem Singh S/o Shri Kisana Ram, Aged About 60 Years,
R/o Village Basni Seja, Tehsil Merta City, District Nagaur,
Rajasthan.
58. Hans Raj S/o Shri Roop Ram, Aged About 60 Years, R/o
299/28, Gali No.5, Tanaji Nagar, Ajmer, Rajasthan.
59. Ramgopal Saini S/o Shri Hanuman Prasad Saini, Aged
About 62 Years, R/o Maliyo Ka Mohalla, Nayan, Jaipur,
Rajasthan.
60. Kamlesh Kumar Mandawat S/o Shri Madan Lal Mandawat,
Aged About 61 Years, R/o 6-A-43, Teen Batti Chourahe Ke
Pass, Mahaveer Nagar, Dadabari, Kota, Rajasthan.
61. Mahaveer Singh Chauhan S/o Shri Lal Singh Chauhan,
Aged About 61 Years, R/o Village Sankhwas, District
Nagaur, Rajasthan.
62. Mangal Chand Khichi S/o Shri Panchu Lal Khichi, Aged
About 60 Years, R/o Vpo Gughra, Via Gagwana, District
Ajmer, Rajasthan.
63. Safi Mohammad Pathan S/o Shri Abdul Rahim Pathan,
Aged About 60 Years, R/o Mata Ji Ke Mandir Ke Pass, V
Dharmsala Ke Piche, Ward No.13, Chhipabarod, Baran,
Rajasthan.
64. Dharmendra Kumar S/o Shri Khangara Ram, Aged About
60 Years, R/o Ghaasiyo Ka Was, Bhawrani, Jalore,
Bhilwara.
65. Avinash Chandra Mathur S/o Shri Manohar Lal, Aged
About 69 Years, R/o 17 E/644, Chopasani Housing Board,
Jodhpur, Rajasthan.
66. Moti Singh S/o Shri Kalu Singh, Aged About 72 Years, R/o
Balwa, Gogelao, District Nagaur, Kota, Rajasthan.
67. Mangi Lal S/o Shri Harka Ram, Aged About 63 Years, R/o
Khemado Ka Mohalla, Gotan, District Nagaur, Rajasthan.
68. Kamlesh Kumar Bora S/o Shri Jagdish Narayan Bora,
Aged About 69 Years, R/o 12/24 F, Chopasani Housing
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Board, Jodhpur, Rajasthan.
69. Hitesh Kumar Garg S/o Shri Ram Kishore Garg, Aged
About 96 Years, R/o 96, Ashapurna Enclave, Pal Bypass
Road, Mia Basni, Jodhpur, Rajasthan.
70. Kishori Lal S/o Shri Chunni Lal, Aged About 66 Years, R/o
Ganesh Nagar, Salawas Road, Sangriya Fanta, Jodhpur,
Rajasthan.
71. Jagdish Chandra S/o Shri Mohan Lal, Aged About 66
Years, R/o 39, Sargara Colony, Ship House Road, Jodhpur,
Rajasthan.
72. Seeta Devi W/o Shri Ramkumar, Aged About 69 Years,
R/o Ward No.15, Khatu Kalan, Tehsil Jayal, District
Nagaur, Rajasthan.
73. Kailash Chandra Gupta S/o Shri Pyarelal Gupta, Aged
About 73 Years, R/o Balakdas Mandir Ke Pass, Harsauli,
Alwar, Rajasthan.
74. Rajendra Prasad Gupta S/o Shri H.b.l. Gupta, Aged About
70 Years, B-70, Ranjeet Nagar, Bharatpur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Public
Health And Engineering Department, Govt. Of Rajasthan,
Jaipur, Rajasthan.
2. State Of Rajasthan, Through Secretary, Department Of
Finance, Govt. Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
3. The Director, Directorate Of Pension Department,
Government Of Rajasthan, Jyoti Nagar, Lalkothi, Jaipur,
Rajasthan.
4. State Of Rajasthan, Through Secretary, Department Of
Personnel And Training, Govt. Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
5. State Of Rajasthan, Through Secretary, Department Of
Mines And Geology, Govt. Of Rajasthan, Jaipur,
Rajasthan.
6. The Chief Engineer (Administration), Public Health And
Engineering Department, Govt. Of Rajasthan, Jaipur,
Rajasthan.
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7. The Director, Animal Husbandry Department, Govt. Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
8. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Govt. Of Rajasthan, Ajmer,
Rajasthan.
9. State Of Rajasthan, Through Secretary, Revenue
Department, Govt. Of Rajasthan, Jaipur, Rajasthan.
10. State Of Rajasthan, Through Secretary, Department Of
College Education, Govt. Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
11. State Of Rajasthan, Through Secretary, Department Of
Medical And Health, Govt. Of Rajasthan, Jaipur,
Rajasthan.
12. State Of Rajasthan, Through Principal Secretary,
Department Of Education, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
13. State Of Rajasthan, Through Secretary, Panchayati Raj
And Rural Development Department, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
14. State Of Rajasthan, Through Secretary, Labor Skills
Employment And Entrepreneurship Department, Govt. Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
15. The Commissioner, College And Higher Education, Jaipur,
Rajasthan.
16. The Director, Elementary Education, Bikaner, Rajasthan.
17. The Director, Secondary Education, Bikaner, Rajasthan.
18. The Director, Department Of Treasuries And Accounts,
Govt. Of Rajasthan, Jaipur, Rajasthan.
19. The Chairman, Rajasthan Rajya Vidyut Prasaran Nigam
Limited, Jaipur, Govt. Of Rajasthan, Rajasthan.
20. The Managing Director, Jodhpur Vidhyut Vitran Nigam
Limited, Jodhpur, Govt. Of Rajasthan, Rajasthan.
21. The Managing Director, Jaipur Vidhyut Vitran Nigam
Limited, Jaipur, Govt. Of Rajasthan, Rajasthan.
22. The Director (Administration), Department Of Medical And
Health, Jaipur, Govt. Of Rajasthan, Rajasthan.
23. The Director (Training), Technical Education, Govt. Of
Rajasthan, Jodhpur, Rajasthan.
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24. The Director, Directorate Of Economics And Statistics
Department, Govt. Of Rajasthan, Jaipur, Rajasthan.
25. The Director, State Insurance And Provident Fund
Department, Govt. Of Rajasthan, Jaipur, Rajasthan.
26. The Director, Prosecution Department, Govt. Of
Rajasthan, Jaipur, Rajasthan.
27. The Director, Local Self Department, Govt. Of Rajasthan,
Jaipur, Rajasthan.
28. The Director, Mines And Geology Department, Govt. Of
Rajasthan, Jaipur, Rajasthan.
29. The Director, Social Justice And Empowerment
Department, Govt. Of Rajasthan, Jaipur, Rajasthan.
30. The Commissioner, Agriculture Department, Govt. Of
Rajasthan, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 30/01/2024
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 30th June.(Downloaded on 31/01/2024 at 08:39:11 PM)
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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 their grievances.
3. In view of the above, the present writ petition is disposed 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 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.
(DR. PUSHPENDRA SINGH BHATI), J.
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