[2026:RJ-JP:6109]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9912/2018

1. Director Secondary Education Rajasthan Bikaner.

2. The District Education Officer Secondary, Jhunjhunu.

----Petitioners Versus Brij Mohan Sharma S/o Shri Ramnath Sharma, Principal Retired Government Senior Secondary School Peepli District Jhunjhunu, R/o 47, Govind Khand, Vishwakarma Nagar, Delhi- 110095 ----Respondent For Petitioner(s) : Mr. Devansh Sharma, Dy.GC For Respondent(s) : Mr. Ashok Bansal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

09/02/2026

1. Instant writ petition is preferred by petitioner with following prayer:

“By an appropriate writ of certiorari, order or in direction thereof, thereby the nature the impugned Order dated 1.2.2017 may kindly be quashed and set aside and the appeal of the respondent may kindly be dismissed with costs.”

2. Learned counsel for the petitioner submitted that the petitioner has challenged order dated 01.02.2017 passed by the Rajasthan Civil Services Appellate Tribunal (RCSAT) in an appeal preferred by the respondent–retired employee, whereby the Tribunal allowed the appeal and interfered with order dated 14.09.2004. He further submitted the respondent filed the said appeal challenging order dated 14.09.2004 on the ground that after being appointed on 28.12.1971, his services were not counted for the purpose of qualifying service and after superannuation, the salary of the respondent was reduced from ₹11,400 to ₹10,200.

3. He further submitted that without considering that the respondent was temporary and services rendered on temporary basis cannot be counted for qualifying service, thus the Tribunal has committed serious legal error by directing to count service from 31.12.1971 to 28.02.2003. He further submitted that the respondent remained absent and his leave case was regularised subsequently on 08.02.1986 but after objection, the order dated 08.12.1986 was recalled and withdrawn; therefore, the respondent is not entitled for any benefit and the same were wrongly decided in favour of the respondent. At last, he submitted that the order dated 14.09.2004 is in accordance with rules thus the order passed by the Tribunal is liable to be set aside.

4. Aforesaid contentions were opposed by learned counsel on behalf of the respondent. He submitted that the respondent joined services on 31.12.1971 pursuant to appointment order dated 28.12.1971 and thereafter he regularly and continuously served the department. He further submitted that the respondent went to Nigeria, as part of foreign service in 1981 and for period from 01.11.1981 to 14.10.1985, his application for extraordinary leave were sanctioned by the State Government vide order dated 08.02.1986. He also submitted that after 18 years of said sanction, the order cannot be recalled and withdrawn. He also submitted that after superannuation, the impugned order has been passed by the petitioner department and the same is contrary to the settled proposition of law. At last, he submitted that the petitioner has failed to show any perversity or illegality in the order passed by the Tribunal, therefore, present petition is liable to be dismissed.

5. Heard learned counsel for the parties and perused the material placed on record.

6. Instant writ petition is filed by petitioners (government department) aggrieved from order dated 01.02.2017 in appeal No.2608/2004 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur whereby on an appeal preferred by respondent (retired government employee) following order was passed while allowing the appeal:

“8- vr% iwoZ foospu ds izdk'k esa vihykFkhZ dh ;g vihy vkaf'kd :i ls Lohdkj dh tkrh gS o vkyksP; vkns'k fnukad 14-09- 2004 ¼vuqyXud&7½ vikLr fd;k tkrk gS o izR;FkhZx.k dks funsZ'k fn;s tkrs gS fd vihykFkhZ dh lsok dks fnukad 31-12-1971 ls fnukad 28-02-2003 rd fujUrj vgZdkjh lsok ds :i esa ekuk tkdj blh vuq:i fu;ekuqlkj vihykFkhZ ds iwoZ esa vkgfjr vafre osru :i;s 11]400@& ds vk/kkj ij iqu% osru