SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2001 Supreme(Raj) 782

Rajasthan High Court, Jaipur Bench
Honble S.K. KESHOTE, J.
Umaid Mal Jain - Appellant
Versus
State of Rajasthan - Respondents
S.B. Civil Writ Petition No. 2667 of 1991
Decided On : July 26, 2001

Advocates Appeared:
Virendra Dangi, for Petitioner Sumitra Goyal, Addl. GA for State

Headnote:Service Matters – Denial of benefits of House Rent Allowance and Compensatory City Allowance – Govt. Servant Retired – Claimed promotion and consequential benefits – Allowed but deducted allowances – Held – Petitioner, throughout the period remained posted at Jaipur – He is not concerned against which post or from which place his salary had been drawn for making payment thereof – Its internal matter of the Govt. – Entitled to the benefit with interest @ 18%. (Paras 9 to 12)

       This approach of the respondents not to pay the petitioner House Rent and City Compensatory Allowance, is wholly perverse. In fact, the officer of the State Govt. which is a welfare State has acted highly arbitrary in the matter. The petitioner is not concerned against which post or from which place his salary had been drawn for making the payment thereof to the petitioner. It is the internal matter of the Govt. It is not in dispute that throughout the period in dispute the petitioner was posted at Jaipur. The petitioner had remained at Jaipur is undisputed and he is entitled for the House Rent Allowance and City Compensatory Allowance. (Para 9)

Honble KESHOTE, J.–The petitioner who is a retired employee of Medical & Health Department of Govt. of Raj. by this petition under Article 226 of the Constitution of India is praying for the following relief:-

``(ii) by issuing a writ in the form of mandamus of any other appropriate writ, order or direction to implement the order & Judgment of Service Tribunal in appeal No. 575/82:-

(a) promote the petitioner on the posts of Office Superintendent Gr.II from 2.8.1972, Office Superintendent Gr. I from 18.10.1975;

(b) make payment of aforesaid deducted amount of House Rent Allowance and City Compensatory Allowance with interest;

(c) pay the amount towards compensation for mental agony, financial loss and loss of self prestige and social status;

(d) give other consequential benefits including pensionary benefits to the petitioner;

(e) cost of writ petition may also be awarded; and

(f) Any other relief which the Honble Court deems just and proper in the interest of justice be also allowed.

(2). The petitioner filed an Appeal No. 575/82 with the Rajasthan Civil Services Appellate Tribunal which was decided on 16.12.1982. The operative part of the judgment of the Tribunal in the appeal filed by the petitioner, reads as under:-

``We therefore, accept the appeal party and order that the appellant be given arrears of pay and allowances as office Assistant with effect from 27.10.1971. He may also be given promotions to the higher posts of Office Superintendent Grade II, O.S. Grade I and Administrative Officer, if found suitable, from the date that his juniors were so promoted with all consequential benefits. Two months time is given to implement this order.

(3). The State Government as usual has not made compliance with the order of the Tribunal within the time specified in the judgment and the petitioner filed contempt Petition No. 262/84 before the Tribunal which was referred to this Court. In this contempt petition on 6.5.1985 the then Govt. Advocate on behalf of the respondents had assured and gave an undertaking that the order of the Tribunal shall be complied in toto within four months from 6.5.1985. On the basis of this assurance made and undertaking given the contempt petition was dismissed by the Court. The order of the Tribunal was not fully complied with and the petitioner had to submit again the contempt petition which was registered as S.B. Second Contempt Petition No. 104/86 and same was came to be disposed of by the Court on 18.5.1987 in view of unqualified apology and assurance for implementation of order of the Tribunal tendered. On 3.7.1987 the State Government passed an order in purported compliance of the order of this Court dt. 18.5.1987. The petitioner was promoted as Office Superintendent Grade II from 27.11.1975, Office Superintendent Grade I from 8.2.1978 and Administrative Officer from 21.6.1979. These promotions were given to the petitioner as alleged, with effect from the date on which his junior Jagannath Sharma have been promoted. The consequential benefits of difference of salary and allowances were ordered to be paid to the petitioner by drawing it against the post of Administrative officer in Family Planning Bureau, Barmer which remained vacant for the period to which the petitioners claim related. However, the petitioner was not given House Rent and City Compensatory Allowances were admissible in the city of Barmer.

(4). It is not in dispute that throughout the period in dispute, the petitioner was remained posted at Jaipur. There is also no dispute that under these two heads Rs. 5,737.95 paisa have been deducted by the Govt. form the amount of consequential benefits paid to the petitioner. The petitioner for the relief of promotion on the post of Office Supdt. Gr. II, Office Supdt. Gr. I and further relief of interest on the consequential monetary benefits and for realization of deducted amount of Rs. 5,737.95 paisa submitted third contempt petition bearing SB Misc. 3rd Contempt Petition No. 319/98 which was decid












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top