Disposed

Dinesh Kumar Sharma v. State of Rajasthan

Rajasthan HC7 Mar 2024CW/2569/2024

Case brief

AI extract

What is this about?

The Court disposed of the writ petition with liberty to the petitioner to file a representation before the competent authority, directing the authority to decide within four weeks in accordance with the ratio laid down in Vijay Singh vs. State of Rajasthan regarding notional increments and pension refixation.

What did the court decide?

Liberty granted to file representation; authority directed to decide within four weeks.

Dinesh Kumar Sharma Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

¶1

[2024:RJ-JD:11674]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 2569/2024

¶4

Dinesh Kumar Sharma S/o Late Shri Shankar Lal Sharma, Aged About 64 Years, R/o Plot No. 45 Bheru Villas Golf Course Road, Jodhpur(Raj.).

¶5

----Petitioner

¶6

Versus

¶7

1. State Of Rajasthan, Through The Commissioner, Transport Department, Sahakar Marg, Jyothi Nagar, Lalkothi, Jaipur (Raj.).

¶8

The Regional Tarnsport Officer, B.j.s. Colony, Jodhpur (Raj.).

¶9

Director, Directorate Of Pension And Pensioners Welfare, Rajasthan, Jyoti Nagar, Jaipur (Raj.).

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Himanshu Sharma

¶12

HON'BLE MS. JUSTICE REKHA BORANA

¶13

Order

¶14

07/03/2024

¶15

Learned counsel for the petitioner submitted that the controversy involved in the present case is squarely covered by judgment dated 21.07.2023 of this Court at Jaipur Bench rendered in a 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 is reproduced as under :-

¶16

“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.

¶17

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

(2 of 2)

[2024:RJ-JD:11674]

[CW-2569/2024]

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.

¶22

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

¶23

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

¶24

In view of the above ratio, learned counsel prays that the petitioner maybe permitted to file a detailed representation before the competent authority for redressal of his grievances.

¶25

In view of the above, the present writ petition is disposed of with liberty to the petitioner to file a representation to the competent authority of the department and the said authority shall decide the same within a period of four weeks from the date of receipt of such representation, keeping in consideration the law laid down by this Court in the case of Vijay Singh (supra) .

¶26

Stay application also stands disposed of .

¶27

The order has been passed based on the submissions made by the counsel. 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.

¶28

(REKHA BORANA),J

¶29

29-AbhishekK/-

Dinesh Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dinesh Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Nathulal Nanoma Vs the Director

Suraj Mal Maliwad Vs the Director

Natwer Singh Pagi Vs the Director

Gopal Das Arora Vs the State of Rajasthan

Vikas Muniya Vs State of Rajasthan

Jagtar Singh Vs State of Rajasthan