A single-judge order disposing of a writ petition. The court followed a prior judgment (Vijay Singh) and ordered disposal without providing substantive details, allowing respondents to verify petition averments.
Nil
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(1 of 2)
[2023:RJ-JD:34793]
[CW-7692/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 7692/2023
Rupa Ram S/o Shri Bhola Ram Choudhary, Aged About 61 Years, R/o Bera Kawar Ji Wala, Village Devli Kalla Via Chandawal, Tehsil Raipur, District Pali, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Pankaj Choudhary
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
12/10/2023
(2 of 2) [CW-7692/2023]
[2023:RJ-JD:34793]
Learned counsel for the petitioner 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. 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.
In view of the above, the present writ petition is also disposed in terms of the order passed by this Court in Vijay Singh’s case (supra).
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 petitioner would be entitled to the relief.
(VINIT KUMAR MATHUR),J
204-Vivek/-
1 issue framed by the court
Whether the petitioner is entitled to notional increment and pension benefits as per the judgment in Vijay Singh's case.
Colour shows how this judgement treated each authority
Vijay Singh vs. State of RajasthanFollowed¶25
S.B. Civil Writ Petition No.21/2020 (Vijay Singh vs. State of Rajasthan & Ors.)
C.P. Mundinamani (supra)Relied on¶26
All India Judges Association (supra)Relied on¶26
Rupa Ram
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
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