HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

D.B. Special Appeal Writ No. 1763 / 2014

State Of Raj

----Appellant

Versus

Rajkumar Garg And Ors

----Respondents

_____________________________________________________

For Appellant(s) : Mr. Ashish Sharma for

Mr. Rajendra Prasad, AAG

For Respondent(s) : None present

_____________________________________________________

HON'BLE MR. JUSTICE K.S. JHAVERI

HON'BLE MR. JUSTICE INDERJEET SINGH

Judgment

04/07/2017

The controversy involved in this case is covered by the

decision of this Court in D.B. Special appeal (Writ) No.1255/2014

(State of Rajasthan & Anr. Vs. Dilip Kumar Dewani decided on

03.02.2016 which reads as under:-

1. We have heard learned counsel for the parties and

with their assistance, perused the record.

2. At the outset, we deem it necessary to reproduce

hereunder Rule 54 of the Rajasthan Service Rules:

“54. Re-instatement – (1) When a Government

servant who has been dismissed, removed,

compulsorily retired or suspended is reinstated or

would have been reinstated but for his retirement on

superannuation while under suspension, the authority

competent to order the reinstatement shall consider

and make a specific order:- (a) regarding the pay and

allowances to be paid to the Government servant for

the period of his absence from duty or for the period

of suspension ending with the date of his retirement

on superannuation as the case may be; and (b)

(2 of 11)

[SAW-1763/2014]

Whether or not the said period shall be treated as a

period spend on duty. (2) Where such competent

authority holds that the Government Servant has

been fully exonerated or, in the case of suspension

that it was wholly unjustified, the Government servant

shall be given the full pay and dearness allowance to

which he would have been entitled had he not been

dismissed, removed or compulsorily retired as a

penalty or suspended, as the case may be. (3) In

other cases, the Government servant shall be given

such proportion of such pay and dearness 5 allowance

as such competent authority may prescribe. (4) In a

case falling under clause (2) the period of absence

from duty shall be treated as a period spent on duty

for all purposes. (5) In a case falling under clause (3)

the period of absence from duty shall not be treated

as a period on duty unless such authority specifically

directs that it shall be so treated for any specified

purpose: [Provided that if the Government so desires,

such authority may direct that the period of absence

from duty shall be converted into leave of any kind

due and admissible to the Government servant.]

Note:- The order of the competent authority regarding

the treatment of the period of absence from duty

passed under this proviso is absolute and no higher

sanction would be necessary for the grant of

extraordinary leave in excess of three months in so

far as temporary Government servant are concerned.

(6) In cases where punishment order does not

indicate as to whether the suspension period is to be

counted for the purpose of pension or not, the period

of suspension shall be counted for the purpose of

pension. In all other cases, action shall be taken as

per punishment order. (7) Any payment made under

this rule to a Government servant on his

reinstatement shall be subject to adjustment of the

amount, if any, earned by him through an

employment, business, profession or vocation during

the period between the date of removal, dismissal or

compulsory retirement, as the case may be, and the

date of reinstatement. Where the emoluments

admissible under this rule are equal to or less than

the amounts earned during the employment,

business, profession or vocation elsewhere, nothing

shall be paid to the Government servant.”

3. A bare reading of Rule 54 indicates that it

contemplates the grant of pay and allowances as well

as how the period of suspension is to be t