Rajasthan High Court - Jodhpur
Jagendra Singh Gehlot vs State Of Rajasthan (2024:Rj-Jd:18262) on 25 April, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:18262] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6896/2024
1. Jagendra Singh Gehlot S/o Shri Kan Singh, Aged About 62 Years, R/o Plot No. 593 C (A), New Bjs Colony, Jodhpur.
2. Jugal Kishore Moondra S/o Shri Nand Kishore Moondra, Aged About 62 Years, R/o A-64, Saraswati Nagar, Basani, Jodhpur.
3. Prithviraj S/o Ram Lal, Aged About 61 Years, Q-15, Kudi Bhagtasani Housing Board, Jhalamand, Jodhpur.
4. Satya Narayan Sharma S/o Ghan Shyam Das Sharma, Aged About 67 Years, R/o Rekha Bera, Dau Ki Dhani, Kamla Nehru Nagar, Jodhpur.
5. Tejkaran Dave S/o Shree Narottam Dave, Aged About 62 Years, R/o 19/332, Majisa Ki Pau Chopasani Housing Board, Jodhpur.
6. Abdul Shakoor Pathan S/o Abdul Sattar, Aged About 64 Years, R/o Golenadi, Umed Chowk, Jodhpur.
7. Madho Chandra Vyas S/o Anand Chandra Vyas, Aged About 64 Years, R/o A-67, Shastri Nagar, Jodhpur, Rajasthan.
8. Shiv Om Sharma S/o Shri Ugam Narayan Sharma, Aged About 68 Years, R/o Sevagon Ki Gali, Pipalila, Brahmpuri, Alakhdara, Jodhpur.
9. Ramesh Vyas S/o Devi Cahnd Vyas, Aged About 65 Years, R/o Pipliya Mahadev Ji Ka Mandir Khanda Falsa, Jodhpur.
10. Manohar Lal Vaishnav S/o Nathu Ram Vaishnav, Aged About 67 Years, R/o Ganesh Nivas, Kumhariyon Kua, Jodhpur, Rajasthan.
11. Iqbal S/o Kasam, Aged About 63 Years, R/o Stadium Shoping Center Ke Piche, Mustak Dalhai Khane Ke Pass, Jodhpur.
12. Ghanshyam Sankhla S/o Ram Chandra Sankhla, Aged About 73 Years, R/o 21/3, Chopasani Housing Board, Jodhpur.
13. Kishore Singh S/o Mukan Singh, Aged About 62 Years, R/ o Bahi Ka Bas, Baori, Lavera Baori, Jodhpur.
14. Khalid Hussain Siddiqui S/o Abid Hussain Siddiqui, Aged (Downloaded on 25/04/2024 at 08:44:27 PM) [2024:RJ-JD:18262] (2 of 5) [CW-6896/2024] About 67 Years, R/o 293, Kajiyo Ka Bas, Sojat City, Pali, Rajasthan.
15. Prem Singh Sankhla S/o Shri Kan Singh Sankhla, Aged About 63 Years, R/o 19, Krishna Kunj Aanand Mangal Garden Ke Samne, Bhadwasiya, New Parihar Nagar, Jodhpur.
16. Kailash Chandra Dave S/o Shri Pukhraj Dave, Aged About 61 Years, R/o Bheshanada, Ghnero, Ghanerao, Pali.
----Petitioners Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Government Of Rajasthan, Jaipur.
2. The Secretary, Department Of Finance, Government Of Rajasthan, Jaipur.
3. Director, Directorate Of Pension And Pensioners Welfare Department, Government Of Rajasthan, Jaipur.
4. Joint Director, Pension And Pensioners Welfare Department, Jodhpur, Rajasthan.
5. Chief Engineer And Additional Secretary, P.w.d., Jaipur.
6. Additional Chief Engineer, P.w.d Zone, Jodhpur.
7. Additional Chief Engineer, P.w.d Zone-I, Udaipur.
8. Additional Chief Engineer, P.w.d Zone-I, Udaipur.
9. Additional Chief Engineer, P.w.d Eletrical Zone, Jodhpur.
10. Assistant Engineer, P.w.d Sub-Divison Kumbhalgarh.
11. Assistant Engineer, P.w.d City Sub-Divison I/ii Jodhpur.
12. Assistant Engineer, P.w.d Dist Sub Division Mandor Jodhpur.
13. Assistant Engineer, P.w.d Dist Sub Division-I Osian.
14. Deputy Director, Pension Department, Udaipur.
15. Superintending Engineer, P.w.d Eletrical Cricle, Jodhpur.
16. Superintending Engineer, P.w.d City/ Rural Circle Jodhpur.
17. Superintending Engineer, P.w.d Circle, Rajsamand.
18. Executive Engineer (Headquarter), Public Works Department, Jaipur.
19. Executive Engineer, Public Works Department, Dist.
(Downloaded on 25/04/2024 at 08:44:27 PM)[2024:RJ-JD:18262] (3 of 5) [CW-6896/2024] Division Jodhpur.
20. Executive Engineer, Public Works Department Dist Division I Jodhpur.
21. Executive Engineer, Public Works Department Dist Division Ii Jodhpur.
22. Executive Engineer, Public Works Department, Electric Division 2, Jodhpur.
23. Executive Engineer, Public Works Department (N.h.) Pali.
24. Executive Engineer, Public Works Department, Division Osian.
25. Executive Engineer, Public Works Department, Division Amet.
26. System Analyst, Public Works Department, Jaipur.
27. Horticulturist, Public Works Department, Jaipur.
28. The Treasury Officer, Treasury Office, Jaipur.
29. The Treasury Officer, Treasury Office Metro/rural Jodhpur.
30. The Treasury Officer, Treasury Office, Rajsamand.
31. The Tr Easury Officer, Treasury Office Pali.
32. The Sub-Treasury Officer, Sub-Treasury Office, Sojat City.
33. The Sub-Treasury Officer, Sub-Treasury Office, Osian.
34. The Sub Treasury Officer, Sub Treasury Office, Kumbhalgarh.
35. The Assistant Director, State Fund And Provident Fund Department, Rajsamand.
36. The Assistant Director, State Fund And Provident Fund Department, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Tej Singh
For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
25/04/2024
(Downloaded on 25/04/2024 at 08:44:27 PM)
[2024:RJ-JD:18262] (4 of 5) [CW-6896/2024]
1. Learned counsel for the petitioners submits that the
petitioners have superannuated on 30th June and 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. 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 grievance.
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 (Downloaded on 25/04/2024 at 08:44:27 PM) [2024:RJ-JD:18262] (5 of 5) [CW-6896/2024] 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.
5. Stay application also stands disposed of accordingly.
(DINESH MEHTA),J 56-raksha/-
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