Disposed

Rameshwar Lal Maru v. State of Rajasthan

Rajasthan HC18 Jul 2024CW/6316/2024

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking pensionary benefits. The court permitted a detailed representation and directed authorities to decide within four weeks if the claim falls under recent precedents granting notional increments post-superannuation.

What did the court decide?

Liberty to file detailed representation; direction to competant authorities to decide within four weeks.

Rameshwar Lal Maru Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:29180]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6316/2024

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Rameshwar Lal Maru S/o Satyanarayan Maru, Aged About 77 Years, R/o House No. 1, Shantinath Agan Colony, Bikaner, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Department Of Revenue, Secretariat Rajasthan, Jaipur Rajasthan

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The District Collector, Bikaner, Rajasthan 3. The Director, Directorate Of Pension And Pensioners Welfare Rajasthan, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Sharwan Singh Nirban For Respondent(s) : --

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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18/07/2024

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Learned counsel for the petitioner submits that the petitioner has superannuated on 30th June and 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 a batch of writ petitions 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:-

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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

[2024:RJ-JD:29180]

[CW-6316/2024]

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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.

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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”

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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 his grievances.

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In view of the above, the present writ petition is disposed with liberty to the petitioner 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 four weeks from the date of receipt of such representation; and if the case of the petitioner falls within the purview of the law laid down by this Court in the case of Vijay

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[CW-6316/2024]

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Singh (supra); the same shall be decided in terms of the judgment above.

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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 petitioner would be entitled to the relief sought.

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Stay application also stands disposed of, accordingly.

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(FARJAND ALI),J

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33-Samvedana/-

Rameshwar Lal Maru v. State of Rajasthan

Case brief

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Rameshwar Lal Maru v. State of Rajasthan

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