The Court disposed of the writ petition by applying the directions of a prior judgment (Vijay Singh) regarding entitlement to notional increment and pension benefits for superannuated employees, citing binding Supreme Court precedents on the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JP:26501]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3270/2020
Ayudan Singh S/o Sh. Raghunath Singh, Aged About 61 Years, R/o Plot No. 346, Tara Nagar-A, Kante Se Khirani Phatak Road, Jhotwara, Jaipur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shashwat Purohit For Respondent(s) : Ms. Sheetal Mirdha-AAG Mr. Pradeep Kalwania-G.C. Mr. Rajesh Maharshi-AAG with Ms.Shretima Bagri Mr. Yuvraj Kachhawa Mr. Pankaj Choudhary for Mr. Rohit Choudhary-Dy.G.C
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
04/10/2023
[2023:RJ-JP:26501]
[CW-3270/2020]
(2 of 3)
Writ Petition No. 21/2020) . Counsel submits that instant petition be also disposed of in the light of similar directions.
“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 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.”
(3 of 3)
[2023:RJ-JP:26501]
[CW-3270/2020]
(ANOOP KUMAR DHAND),J
Ashu/129
1 issue framed by the court
Whether the instant writ petition should be disposed of in accordance with similar directions issued in a previously decided similar case.
Colour shows how this judgement treated each authority
Vijay Singh Vs. State of Rajasthan and Ors.Followed¶4
Vijay Singh Vs. State of Rajasthan and Ors. (S.B.Civil Writ Petition No. 21/2020)
The Director (Admn. and H.R.) KPTCL and Ors. Vs. C.P. Mundinamani and Ors.Referred¶24
The Director (Admn. and H.R.) KPTCL and Ors. Vs. C.P. Mundinamani and Ors.
All India Judges Association Vs. Union of IndiaReferred¶24
All India Judges Association Vs. Union of India
Ayudan Singh
State of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
