Superannuated employees are entitled to notional increments due despite retirement, with the court mandating pension refixation and arrears payment based on established legal precedents.

ORDER :

DINESH MEHTA, J.

1. Learned counsel for the petitioners submits that the petitioners have superannuated on 30^th June and the controversy involved in the present case is squarely covered by a judgment dated 21.07.2023 passed by 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:-

“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”.

2. Learned counsel, therefore, prays that the petitioners may be permitted to file a detailed representation before the competent authorities for redressal of their grievances.

3. In view of the above, the present writ petition is disposed with liberty to the petitioners 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).

4. 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 petitioners would be entitled to the relief.

5. The stay application also stands disposed of accordingly.