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2001 DIGILAW 624 (RAJ)

Dharamveer Singh v. State of Rajasthan

2001-04-17

J.C.VERMA

body2001
JUDGMENT 1. - The petitioners have come up in present writ petition that even though they are working as Teacher Gr. III in respective schools but they have not been paid the salary, and therefore, they prayed that the respondents be directed to pay the salary to petitioner which some how has not been paid since July, 1999. 2. The reply has been filed. Counsel for respondent does not dispute the fact that the petitioners are still working and holding the post, but submits that because of the reason that the testimonials/certificate submitted by petitioners at the time of employment are under investigation and the enquiry is being held. Therefore, the salary cannot be released. 3. The petitioner has earlier approached this Court by filing the writ petition 3381/2000. which came to be decided on 13.9.2000 with the direction that the petitioner shall give undertaking to the effect that if their certificates are found to be not genuine, in that situation, not only the disciplinary action can be taken out their services will also be terminated and they will be liable for prosecution as well. The petitioners have given such undertaking. 4. The petitioners are working right from 1995, but have not been paid any salary since July, 1999 onwards. No fault can be found with the petitioners if the State machinery has not been able to conduct or complete the enquiry or the investigation in regard to testimonials/certificates submitted by petitioners at the time of employment. There is no authority with respondent to withhold the salary of petitioners who are otherwise on duty and working; the State is bound to pay the salary if the petitioners are performing their duties. 5. After hearing counsel for parties, it is ordered that the salary of petitioners be released without any further delay. The arrear of salary of petitioners be released within a period of one month from today. The petitioners shall be entitled to interest at the rate of 12% on the arrear of salary. 6. With the above observations, the writ petition is allowed with the cost of Rs. 5000/-.Writ Petition allowed. *******