Disposed

Gajanand Bunkar Son of Shri Narayan Sahai v. State of Rajasthan

Rajasthan HC21 Dec 2023CW/20366/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning notional increments and pension arrears, holding that the controversy was already settled in Vijay Singh. The court applied the prior directions to grant benefits for conduct over one year for those superannuating on 30th June, dismissing the need for fresh analysis.

What did the court decide?

Petition disposed of in the light of directions issued in Vijay Singh; respondents directed to follow prior order regarding notional increment and pension arrears.

Gajanand Bunkar Son of Shri Narayan Sahai… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:40969]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 20366/2023

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Gajanand Bunkar Son of Shri Narayan Sahai, aged about 68 Years, Resident of 06, Mansarovar Colony, Kala Kuwa, Housing Board, 3/728 Ke Pass, Alwar (Raj).

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----Petitioner

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Versus

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State of Rajasthan, Through Principal Secretary, College Education, Government Of Rajasthan, Secretariat, Jaipur.

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Commissioner, College Education, Jaipur (Raj).

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Director, Pension And Pensioners Welfare Department, Jaipur.

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Deputy Secretary To The Government, College Education (Group-3) Department, Secretariat, Jaipur.

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Principal, Government College, Thanaganji, Alwar(Raj).

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----Respondents

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For Petitioner(s) : Mr. Varendra Kumar Bakshi For Respondent(s) : Dr. V.B.Sharma-AAG

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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21/12/2023

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Learned counsel for the petitioner submits that the controversy involved in this petition has already been set at rest by this Court while deciding a bunch of writ petitions with the lead case of Vijay Singh Vs. State of Rajasthan and Ors. (S.B.Civil

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Writ Petition No. 21/2020) . Counsel submits that instant petition be also disposed of in the light of similar directions.

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Per contra, counsel for the respondents opposed the arguments raised by counsel for the petitioner but he is not in a position to controvert the above submissions made by learned counsel for the petitioner.

[2023:RJ-JP:40969]

[CW-20366/2023]

(2 of 2)

Heard and considered the submissions made at Bar and perused the material available on record.

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Since the controversy involved in this petition has already been set at rest by this Court in the case of Vijay Singh (Supra) by making the following observations and directions:-

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“41. Hence, looking to the binding effect of above judgment of Hon’ble Apex Court in the case of The Director (Admn. and H.R.) KPTCL and Ors. Vs. C.P. Mundinamani and Ors. and All India Judges Association Vs. Union of India, it is held that the petitioners would be entitled to get the benefits of increment falling due on 1^st 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 1^st July, notwithstanding their superannuation on 30^th June.

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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.”

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Instant petition stands disposed of in the light of the same directions as issued in the case of Vijay Singh (Supra) .

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All pending application(s), if any, also stands disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/242

Gajanand Bunkar Son of Shri Narayan Sahai v. State of Rajasthan

Case brief

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Gajanand Bunkar Son of Shri Narayan Sahai v. State of Rajasthan

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