The Court disposed of the writ petition by applying precedents granting notional increment to superannuated pensioners. Liberty was granted to the petitioner to make representations to the department for reconsideration.
Generated liberty to file representation to competent authorities with directions to decide within four weeks.
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.
[2024:RJ-JD:11958]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2846/2024
Babulal Bohra S/o Chintaman Das, Aged About 70 Years, Sunaro Ka Bas, Barmer, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None present
JUSTICE DINESH MEHTA
Order
13/03/2024
(2 of 3) [CW-2846/2024]
[2024:RJ-JD:11958]
“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.
43. With the aforesaid directions, all these petitions stand disposed of.
44. Stay applications and all applications (pending, if any) also stand disposed of”.
[2024:RJ-JD:11958]
[CW-2846/2024]
(3 of 3)
(DINESH MEHTA),J
69-akansha/-
1 issue framed by the court
Whether the petitioner is entitled to notional increment and arrears of pension while the veracity of submissions is being examined.
Colour shows how this judgement treated each authority
C.P. MundinamaniReferred¶23
C.P. Mundinamani
All India Judges AssociationReferred¶23
All India Judges Association
Vijay Singh vs. State of RajasthanApplied¶5
S.B. Civil Writ Petition No.21/2020 (Vijay Singh vs. State of Rajasthan & Ors.)
Mahesh Kumar Suthar Vs. State of RajasthanFollowed¶18
Mahesh Kumar Suthar Vs. State of Rajasthan & Ors.
Babulal Bohra
State Of Rajasthan
Executive Engineer, Public Health And Engineering Department, Barmer
Assistant Director, Pension And Pensioners Welfare Department, Barmer
District Treasury Officer, Pension And Pensioners Welfare Department, Barmer
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
