Monday, August 1, 2011

STATE OF RAJASTHAN & ORS. v. MAHILA MANDAL (UDAIPUR) [2011] INSC 605 (4 July 2011)

Judgement
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4970 OF 2011 (@ SPECIAL LEAVE PETITION(C)NO.16899 OF 2011 @ CC NO.8960)

STATE OF RAJASTHAN & ORS. ... APPELLANTS
VERSUS
MAHILA MANDAL

WITH C.A.NO.4971 OF 2011 @ S.L.P.(C)NO.16901 OF 2011 @ CC NO.9390

O R D E R

Delay condoned.

Leave granted. Heard learned counsel for the appellants. The short grievance which has been articulated by learned counsel for the State is that the Rules came into force from 1st January, 1993 and the benefit could not have been given from earlier period. We agree with learned counsel for the State. We modify the impugned judgment accordingly and direct that the respondent(s) would be entitled to benefits from 1st January, 1993. We are quite conscious of the fact that we are passing this order without giving notice to the respondent(s) because the controversy is very limited and giving notice would cause much greater financial hardship for the respondent(s). In this view of the matter, we are passing this order in absence of the respondent(s). In case the respondent(s) is/are still aggrieved then the respondent(s) would be at liberty to approach this Court. : 2 :

With this modification, the appeals are disposed of. No costs.

...................J.

(DALVEER BHANDARI) ...................J.

(DEEPAK VERMA) NEW DELHI;


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