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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DINESH MEHTA
Govind Singh Shaktawat – Appellant
Versus
The State of Rajasthan – Respondent
ORDER :
(DINESH MEHTA, J.)
1. Learned counsel for the petitioners submits that the petitioners have 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:-
“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.
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 arrear
Petitioners entitled to notional increments post-superannuation based on prior conduct, as per binding judicial precedent.
Superannuated employees are entitled to notional increments due despite retirement, with the court mandating pension refixation and arrears payment based on established legal precedents.
Retirees are entitled to annual grade increments despite superannuation, but entitlement to arrears depends on timely challenges to non-payment.
Employee entitled to annual increment due post-superannuation if earned for prior service period.
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