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2011 Supreme(Raj) 430
[Citation : 2011(4) RLW 2791 (Raj.)]
(Rajasthan High Court)
Gangadhar Sharma Vs. State of Rajasthan & Ors. (Vyas, J.)
HON'BLE GOPAL KRISHAN VYAS, J.
Gangadhar Sharma
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No.1537 of 2003, decided on 05.05.2011
H.L. Kela/Vinay Jain, for Petitioner;
Hemant Choudhary, Govt. Counsel;
K.K. Bissa, for Respondent No.4
Headnote:Service Matter — Termination of services — Appointed on 1.1.1975 as part time Class IV employee in a primary school — Services not regularised — Stopped payment of salary after 16.5.1992 — Compelled to take shelter of the Court thrice for payment of salary and regularisation of Services — Not paid salary for last five years despite of the direction of the Court and terminated services — Held — The conduct of respondent is totally arbitrary, illegal, violation of Art. 14 and 21 of the Constitution of India and principles of natural justice — Inspite of judgements rendered by High Court in favour of petitioner, the respondents dared to pass the impugned order of termination which is glaring example of gross illegality — Order quashed — Directed to regularise his services, grant regular pay scale with all benefits.
Writ petition allowed with costs of Rs. 5,000/- (Paras 21 to 25)
lsok ekeys & lsok ls c[kkZLrxh & 1-1-1975 dks izkFkfed fo|ky; esa va'k dkfyd prqFkZ Js.kh deZpkjh ds :i esa fu;qDr gqvk & lsok,a fu;fer ugha dh & 16-5-1992 ds ckn osru dk Hkqxrku jksdk x;k & osru ds Hkqxrku ,oa lsok,a fu;fer djus gsrq rhu ckj U;k;ky; dh 'kj.k ysus gsrq etcwj fd;k & U;k;ky; ds funsZ'kksa ds mijkUr Hkh fiNys ikap o"kksZ ls osru ugha fn;k vkSj lsok ls c[kkZLr fd;k & vfHkfu/kkZfjr & izR;FkhZx.k dk vkpj.k iw.kZ:is.k euekuk] voS/k] Hkkjr ds lafo/kku ds vuqPNsn 14 o 21 dk rFkk uSlfxZd U;k; ds fl)kUrksa dk mYya?ku dkjh gS & izkFkhZ ds i{k esa mPp U;k;ky; }kjk fu.kZ; nsus ds mijkUr Hkh izR;FkhZx.k us c[kkZLrxh dk vkns'k ikfjr djus dk nqLlkgl fd;k tks fd LFkwy voS/kkfudrk dk ToyUr mnkgj.k gS & vkns'k vfHk[kf.Mr fd;k & lsok,a fu;fer djus rFkk lEiw.kZ ifjykHkksa lfgr fu;fer osrueku nsus ds funsZ'k fn;sA ¼in la[;k 21 ls 25½
#- 5000@- dh dher lfgr ;kfpdk Lohdkj dhA
“(a) record of the case may kindly be called for and Hon'ble Court may pleased to issue a writ of mandamus and/or a writ in the nature of mandamus or any other appropriate writ the order dtd. 28.3.2003 may kindly be quashed with all consequential benefits,
(b) respondents be directed to consider the case of petitioner for regularization,
(c) during the pendency of the writ petition petitioner should be taken back on duty and he should be paid salary month by month,
(d) respondents should also be directed to pay interest @ 12% on dues amount,
(e) by an appropriate writ, order or directions, any other relief which is deemed fit in the facts and circumstances of this case may kindly be granted in favour of the petitioner.
(f) costs of this writ petition may kindly be awarded in favour of the petitioners.”
2. As per facts of the case, the petitioner was appointed as Class IV employee on part-time basis in the Primary School, Rajaji-ka-Khera, Panchayat Samiti, Mandal (District Bhilwara) vide order dated 01.01.1975. On 11.04.1989, the Govt. Primary School, Rajaji-ka-Khera was upgraded but the administrative control over the said school remained with the Panchayat Samiti. The administrative control of the school was taken over by the State Government in the month of April 1991 and all the staff of the school were taken over by the State Government and they were absorbed in the government service but the State Government did not absorb the services of the petitioner though the petitioner was allowed to continue as Class IV employee in the said school even after April 1991.
3. Case of the petitioner is that the petitioner was allowed to work but payment of salary was made by the Panchayat Samiti, Mandal up to 16.05.1992. Thereafter, neither the State Government nor the Panchayat Samiti made payment of salary to the petitioner. So also, the services of the petitioner were not regularized although he was performing the duties as Class IV employee in the school since 01.01.1975. Contention of the petitioner is that he was discharging the same duties and functions as being discharged by other regular Class IV employees, therefore, he was entitled for payment of salary for the post of Class IV employee, so also, he was further entitled for regularization of his services; but, neither the petitioner was paid salary after 16.05.1992 nor his services were regularized.
4. In the above circumstances, the petitioner preferred a writ petition before this Court which was registered as S.B. Civil Writ Petition No.4680/1992, in which, the coordinate Bench of this Court issued following directions :
“In the result, the writ petition, filed by the petitioner, is allowed and the District Education Officer, Bhilwara, is directed to make payment of salary to the petitioner in the regular pay scale applicable to the post of Class IV employees since the date of filing the writ petition, i.e., August 31, 1992. The arrears of salary should be paid to the petitioner within a period of one month from today and in future, he should be paid salary in the regular pay scale month by month. If the arrears of salary are not paid to the petitioner within a period of one month from today then the petitioner shall be entitled for interest @ 12% per annum from the date the same became due.”
5. In pursuance of the said judgment rendered in S.B. Civil Writ Petition No.4680/1992, dated 27.01.1994, the petitioner was paid salary up to 30.09.1994. On 01.10.1994, the District Education Officer relieved the petitioner and directed him to join in the office of Vikas Adhikari, Panchayat Samiti Mandal. The Vikas Adhikari, Panchayat Samiti Mandal vide order dated 03.10.1994 directed the petitioner to join in the office of District Education Officer for the reason that no post of Class IV employee was vacant in the Panchayat Samiti Mandal.
6. Being aggrieved and dissatisfied with the order dated 01.10.199
