Review petition against order granting pension benefit. Petitioner challenged the effective date of benefit (2011 vs 2009). Respondent admitted entitlement w.e.f. 2009. Court allowed review, directing date correction to 10.03.2009.
The operative date of the benefit of first ACP is directed to be read as 10.03.2009 instead of 10.03.2011.
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[2023/RJJD/014979]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Review Petition (Writ) No. 11/2023
Rankeshwar Rawal S/o Shri Bakhtaram Rawal, Aged About 62 Years, By Caste Rawal, R/o Mukam Post Sijina, Tehsil District Jalore.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dilip Sharma For Respondent(s) : Mr. Manish Tak, AAG
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/05/2023
The present review petition has been preferred against the order dated 21.10.2022 whereby the writ petition of the petitioner was allowed and the respondent authorities were directed to grant the benefit of first ACP to the petitioner in the grade pay of Rs.3200/- w.e.f. 10.03.2011.
An application under Section 5 of the Limitation Act for condonation of delay in filing the present review petition has also been preferred.
For the reason that prior to filing of the review petition, an application for correction in the order was preferred and the same was dismissed giving liberty to the petitioner to prefer review
(2 of 2)
[2023/RJJD/014979]
[WRW-11/2023]
petition, the delay caused in filing the present review petition is condoned.
The application stands disposed of.
The present review petition has been preferred with a submission that the date 10.03.2011 as mentioned in the operative portion of the judgment dated 21.10.2022 ought to be 10.03.2009 as the said benefit was payable to him after completion of nine years of his service and admittedly he had completed his nine years of service on 10.03.2009.
On instructions, learned counsel for the respondent admits that the petitioner is entitled to be granted the benefit of the first ACP w.e.f. 10.03.2009. Learned counsel placed on record the factual report as submitted to him by the OIC concerned.
In view of the submissions made and in view of the specific admission of the Department itself, the present review petition is allowed . It is hereby directed that the date ‘10.03.2011’ as mentioned in the operative portion of the judgment dated 21.10.2022 shall be read to be ‘10.03.2009’.
(REKHA BORANA),J
24-AbhishekS/-
1 issue framed by the court
Whether the condonation of delay in filing the review petition is permissible in view of the order's dismissal on application for correction earlier.
Rankeshwar Rawal
State Of Rajasthan
Chief Executive Officer, Zila Parishad, Jalore
Vikas Adhikari
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
