PREM SINGH v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: FARJAND ALI
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2024-08-01. PREM SINGH v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2024:RJ-JD:31791] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Writ Petition No. 11939/2024 Prem Singh S/o Mr. Achal Singh, Aged About 62 Years, R/o Ward No. 1, Anoopgarh, Block Anoopgarh, District Sri Ganganagar (Now District Anoopgarh), Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary Revenue Department, Govt. Of Rajasthan, Jaipur. 2. Director, Directorate Of Pension And Pensioners Welfare Department, Government Of Rajasthan, Jaipur. 3. Additional Director, Pension And Pensioners Welfare Department, Bikaner, Rajasthan. 4. District Collector, District Sri Ganganagar, Rajasthan. 5. District Collector, District Anoopgarh, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ratish Bhatnagar HON'BLE MR. JUSTICE FARJAND ALI Order 01/08/2024 1. Learned counsel for the petitioner submits that the th petitioner has superannuated on 30 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 [2024:RJ-JD:31791] (2 of 3) [CW-11939/2024] (supra), it is held that the petitioners would be entitled to get st the benefits of increment falling due on 1 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 st th 1 July, notwithstanding their superannuation on 30 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 for the petitioner, 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; and if the case of the petitioner falls within the purview of the law laid down 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 [2024:RJ-JD:31791] (3 of 3) [CW-11939/2024] case the averments made therein are found to be correct, the petitioner would be entitled to the relief sought. (FARJAND ALI),J Abhishek Kumar S. No. 50
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