The Rajasthan High Court allowed a review petition filed by the State Government to modify the effective date for notional benefits of an Ayurved department employee from June 3 to August 26, 2022, due to her prior employment elsewhere.
The review petition is allowed. The notional benefits effective date is modified from 03.06.2022 to 26.08.2022.
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[2023/RJJD/010155]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Review Petition (Writ) No. 202/2022
----Petitioners
Versus
Amarati Devi D/o Shri Jawara Ram Hudda, Aged About 35 Years, (Physically Handicapped Candidate-LV) Resident of 1 L-17, Ward No. 19, Housing Board, Phalodi, District Jodhpur (Raj.).
----Respondent
| For Petitioner(s) | : Mr. Anil Kumar Gaur,AAG |
|---|---|
| For Respondent(s) | : Mr. Yash Pal Khileree |
HON'BLE MS. JUSTICE REKHA BORANA
Order
17/04/2023
Present review petition has been filed with a delay. An application under Section 5 of the Limitation Act has been preferred for condonation of the delay.
For the reasons stated in the application, the same is allowed. Delay caused in filing the present review petition is condoned.
The present review petition has been preferred on behalf of the State Government with a submission that the writ petitioner whose writ petition was allowed vide order dated 22.08.2022 and
[2023/RJJD/010155]
[WRW-202/2022]
(2 of 2)
was directed to join at her place of posting in pursuance to the appointment order dated 24.05.2022, was already serving with the Panchayati Raj Department and she was relieved from the said Department only on 25.08.2022 and joined the Ayurved and Indian Medicine Department on 26.08.2022. Learned counsel submitted that therefore, the operative para of the order whereby the writ petitioner has been held to be entitled for notional benefits w.e.f. 03.06.2022 may be modified to the date of joining i.e. 26.08.2022 as the writ petitioner cannot be granted the notional benefits for the period when she was already serving with some other Department of the Government.
It is admitted on record that the writ petitioner was serving with the Panchayati Raj Department prior to her joining with the Ayurved and Indian Medicine Department in pursuance to the order dated 22.08.2022. It seems that the said fact had not been brought on record or pointed out at the time of the arguments or when the order dated 22.08.2022 was passed.
The submissions as made by learned counsel for the review petitioner seems to be justified and the review petition is therefore, allowed . The date "03.06.2022" as mentioned in the operative para of the order dated 22.08.2022 entitling the petitioner for notional benefits with effect from that date is modified to "26.08.2022", the date of her actual joining with the State Department.
(REKHA BORANA),J
7-Sachin/-
2 issues framed by the court
Whether delay in filing the review petition should be condoned
Whether the earned date of notional benefits in the original writ order should be modified in light of the respondent being employed with another department prior to joining
State of Rajasthan
Amarati Devi
REKHA BORANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
