Disposed

Ramji Singh Yadav v. State of Rajasthan

Rajasthan HC2 Feb 2024CW/927/2024

Case brief

AI extract

What is this about?

Petitioner sought notional increment payable on 1st July despite superannuating on 30th June. Court disposed of the writ petition with liberty to file a representation; authorities to decide within four weeks following the law laid down in the Jaipur Bench judgment led by Vijay Singh.

What did the court decide?

Liberty granted to file representation; authorities directed to decide within four weeks per Vijay Singh law.

Ramji Singh Yadav Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

(1 of 2)

[2024:RJ-JD:5656]

[CW-927/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 927/2024

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Ramji Singh Yadav S/o Shri Patiram Singh Yadav, Aged About 64 Years, Resident Of 334, Keshavpura, Sector 7, Kota (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Department Of Education, Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.).

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Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.).

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Director, Secondary Education, Rajasthan Lalgarh Road, Bikaner (Raj.)

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Dy. Director, Elementary Education Department, Kota Region Kota, Rajasthan (Raj.)

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

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----Respondents

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For Petitioner(s) : Mr. Rajkumar Kasana

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/02/2024

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Learned counsel for the petitioner 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

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[2024:RJ-JD:5656]

[CW-927/2024]

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”.

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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 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, 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 petitioner would be entitled to the relief. All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J

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37-Zeeshan

Ramji Singh Yadav v. State of Rajasthan

Case brief

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Ramji Singh Yadav v. State of Rajasthan

Case brief

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