Dismissed

Monika Solanki D/O Shri Suresh Chand Solanki W/O Rahul Guha v. Director Cum Joint Secretary

Rajasthan HC6 Dec 2021SAW/135/2020

Case brief

AI extract

What is this about?

The Division Bench dismissed the special appeal filed by a petitioner seeking notional benefits for a period prior to her 2015 appointment. The court held that no case for granting past benefits arose since the petition was filed long after her official appointment based on merit.

What did the court decide?

The special appeal was dismissed as there was no case for granting past notional benefits for a period prior to the petitioner's appointment.

Monika Solanki D/O Shri Suresh Chand… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 135/2020

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Monika Solanki D/o Shri Suresh Chand Solanki W/o Rahul Guha, Aged About 29 Years, R/o 134, S-1, Shiv Shakti Nagar, Model Town, Malviya Nagar, Jaipur, Rajasthan Presently Working On The Post Of Tax Assessor, Nagar Nigam, Jaipur.

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----Appellant

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Versus

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Director Cum Joint Secretary, Department Of Local Self Government, Jaipur.

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Secretary, State Level Municipality (Admin And Technical), Service Selection Commission, Jaipur, Department Of Local Self Government, Jaipur.

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----Respondents

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For Appellant(s) : Mr. Daksh Pareek For Respondent(s) : Ms. Archana on behalf of Mr. Anil Mehta, AAG

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Judgment

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06/12/2021

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DB Civil Misc.Application No.380/2020 :-

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The application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay.

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We have perused the contents of the application and heard learned counsel for the parties.

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For the reasons mentioned in the application, the same is allowed. The delay of 14 days caused in filing appeal is condoned.

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I.A. stands disposed of.

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(2 of 2)

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[SAW-135/2020]

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D.B. Special Appeal Writ No. 135/2020:-

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This appeal is directed against the judgment of the learned Single Judge dated 20/11/2019. The petitioner has been granted seniority on the basis of her merit position as per the revised result in terms of the rules. However, the expectation of the petitioner was that she must be granted the notional benefits for the period between 2013 to 2015 which the learned Single Judge did not grant. The petition was filed in the year 2019 long after the petitioner was appointed on the basis of the revised merit list in the year 2015. No case for granting past benefits therefore arises.

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The appeal is dismissed.

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(UMA SHANKER VYAS),J

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(AKIL KURESHI),CJ

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ANIL KUMAR GOYAL /BM GANDHI/30

Monika Solanki D/O Shri Suresh Chand Solanki W/O Rahul Guha v. Director Cum Joint Secretary

Case brief

What is this about?

What did the court decide?

Monika Solanki D/O Shri Suresh Chand Solanki W/O Rahul Guha v. Director Cum Joint Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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