Disposed

Ram Narayan Suthar v. State of Rajasthan

Rajasthan HC1 Feb 2024CW/1251/2024

Case brief

AI extract

What is this about?

High Court at Jaipur disposed of writ petitions regarding notional pension increments. Relying on Apex Court precedents, the court directed respondents to consider cases afresh and allowed petitioners to file representations for redressal with replies within three months.

What did the court decide?

Allowed liberty to file representation; directed competent authorities to decide representation within three months based on Vijay Singh judgment.

Ram Narayan Suthar Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

(1 of 3)

[2024:RJ-JD:5382]

[CW-1251/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1251/2024

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Ram Narayan Suthar S/o Bhanwar Lal Suthar, Aged About 69 Years, Near Kailgiri Gate, Shahpura, District Shahpura, Rajasthan.

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Satya Narayan Gurjar S/o Babu Lal Gurjar, Aged About 69 Years, Near Tehnal Gate, Shahpura, District Shahpura, Rajasthan.

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Sharmila Dhabi W/o Satyanarayan Gurjar, Aged About 68 Years, Near Tehnal Gate, Shahpura, District Shahpura, Rajasthan.

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Dev Kishan Gurjar S/o Bhura Lal Gurjar, Aged About 69 Years, Kumhar Mohalla, Near Kalinjari Gate, Shahpura, District Shahpura, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Chief Secretary, Secretariat, Rajasthan, Jaipur.

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The State Of Rajasthan, Through Its Secretary, Department Of Education, Govt. Secretariat, Rajasthan, Jaipur.

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State Of Rajasthan, Through Its Principal Finance Secretary, Secretariat, Rajasthan, Jaipur.

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State Of Rajasthan, Through Secretary To The Government, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur.

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State Of Rajasthan, Through Secretary Cum Commissioner, Agriculture And Horticulture, Government Secretariat, Jaipur.

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The Commissioner, Agriculture Commissionerate, Rajasthan, Jaipur.

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The Director, Directorate Of Agriculture Marketing, Jaipur. 8. The Secretary, School Education Department, Govt. Secretariat, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner.

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The Director, Treasury And Accounts Department,

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(2 of 3) [CW-1251/2024]

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[2024:RJ-JD:5382]

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Rajasthan, Jaipur. 11. The Director, Department Of Pension And Pensioners Welfare, Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Hans Raj Nimbar

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/02/2024

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Learned counsel for the petitioners 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 :-

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“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 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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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.

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43. With the aforesaid directions, all these petitions stand disposed of.

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44. Stay applications and all applications (pending, if any) also stand disposed of”.

[2024:RJ-JD:5382]

[CW-1251/2024]

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Learned counsel, therefore, prays that the petitioners may be permitted to file a detailed representation before the competent authorities for redressal of their grievances.

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In view of the above, the present writ petition is disposed 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 three months from the date of receipt of such representation, keeping in mind the law laid down by this Court in the case of Vijay Singh (supra) .

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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.

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(DR. PUSHPENDRA SINGH BHATI), J.

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40-Zeeshan

Ram Narayan Suthar v. State of Rajasthan

Case brief

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Ram Narayan Suthar v. State of Rajasthan

Case brief

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