Disposed

Manak Chand Sevag v. State of Rajasthan

Rajasthan HC25 Apr 2024CW/6773/2024

Case brief

AI extract

What is this about?

Retired teacher sought notional increment for service up to 30th June superannuation. Court disposed of the petition with liberty to file a representation, directing authorities to decide it within four weeks in light of the Vijay Singh judgment.

What did the court decide?

Liberty to file representation within two weeks; authorities to decide within four weeks following Vijay Singh judgment.

Manak Chand Sevag Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:18254]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6773/2024

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Manak Chand Sevag S/o Rani Dan, Aged About 73 Years, Sevagon Ka Bas, Osian, Tehsil Osian, District Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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

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The Director, Secondary Education, Govt. Of Rajasthan Bikaner.

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The Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur.

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The Joint Director, Pension And Pensioners Welfare Department, Jodhpur, Rajasthan

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The Joint Director (Secondary Education), Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Gaju Singh Rathore

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JUSTICE DINESH MEHTA

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Order

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25/04/2024

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Learned counsel for the petitioner submits that the petitioner has superannuated on 30^th 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:-

(2 of 3)

[2024:RJ-JD:18254]

[CW-6773/2024]

“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 on1st 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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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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With the aforesaid directions, all these petitions stand disposed of.

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

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Learned counsel, therefore, prays that the petitioner 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 respondent-department within a period of two weeks 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, 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

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(3 of 3) [CW-6773/2024]

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[2024:RJ-JD:18254]

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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.

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(DINESH MEHTA),J

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44-Arvind/-

Manak Chand Sevag v. State of Rajasthan

Case brief

What is this about?

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Manak Chand Sevag v. State of Rajasthan

Case brief

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