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2004 DIGILAW 212 (RAJ)

O. P. Sharma v. The State of Rajasthan

2004-02-13

SUNIL KUMAR GARG

body2004
JUDGMENT 1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 16.10.2000 against the respondents with a prayer that by an appropriate writ, order or direction respondents be directed to make payment of Rs. 5,333/- to the petitioner duly sanctioned by the Competent Authority and wrongly withheld by respondent No. 3 (Joint director, Medical and Health Services, Zone Jodhpur) with interest @ 18% from 19.4.2000. 2. The facts of the case as put forward by the petitioner are as under:- (i) The petitioner was appointed as Advisor (Writ) to look after and monitor the court cases relating to Medical Department with Head Quarter at Jodhpur on the condition that he would get his last pay drawn minus pension payable to him subject to a maximum of Rs. 8,000/- per month whichever is less for a period upto 28.2.2000 vide order dated 22.9.1999 (Annexure 1). (ii) Further case of the petitioner is that in pursuance of order dated 22.9.1999 (Annexure 1), the petitioner joined his duties in the office of Joint Director, Medical and Health Services, Jodhpur (respondent No. 3) on 24.9.1999 and discharged his duties as Advisor (Writs) regularly and satisfactorily till 28.2.2000. (iii) That when the petitioner was not paid a single rupee till 25.2.2000 despite respected (repeated ?) request, he wrote a letter dated 25.2.2000 (Annexure 3) to the Secretary, Medical Health Department, Jaipur (respondent No. 1) requesting him to make arrangement for payment of Rs. 41,867/- for the period from 24.9.1999 to 28.2.2000 and also apprising him of his unwillingness to continue after 28.2.2000 due to non-payment. (iv) That further case of the petitioner is that the Joint Director, Medical and Health Services, Jodhpur (respondent No. 3) after having received the sanction for the payment of full amount of Rs. 41,867/- from Govt., drew this amount from the bank at the fag end of March 2000 and kept this amount with him for making payment to the petitioner. (v) Further case of the petitioner is that the petitioner personally contacted him in his office on 19.4.2000 and requested him to make payment, but the then Joint Director, Medical and Health Services Shri S.L. Gehlot made a payment of Rs. 36,534/- but deducted Rs. 5,333/- illegally and whimsically without there being any written order to this effect and thereby caused loss of Rs. 5,333/- to the petitioner. 36,534/- but deducted Rs. 5,333/- illegally and whimsically without there being any written order to this effect and thereby caused loss of Rs. 5,333/- to the petitioner. (vi) Further case of the petitioner is that the sum of Rs. 5,333/- has been withheld for the reason he had attended the office for 20 days. Hence, this writ petition with the prayer as mentioned above. 3. In this writ petition, the main submission of the learned counsel for the petitioner is that deduction of sum of Rs. 5,333/- was wholly illegal, unwarranted, capricious and arbitrary. 4. That reply to the writ petition was filed by the respondents and their case is that since the petitioner has received a huge sum of Rs. 36,534/- without any protest, as such it is not open for him to challenge the same before this Court. A copy of the receipt signed by the petitioner is marked as Annexure R-1. It has further been submitted by the learned counsel for the respondents that balance amount of Rs. 5,333/- being the amount of 20 days leave has been redeposited by the respondents with treasury. Hence, the writ petition deserves to be dismissed. 5. Heard and perused the record. 6. There is no dispute on the point that amount of Rs. 41,867/- was drawn by the respondents for making payment to the petitioner, but out of that amount Rs. 5,333/- was withheld without giving any notice or opportunity of hearing to the petitioner. 7. In my opinion, when the amount of Rs. 41,867/- was drawn for making payment to the petitioner, then withholding of amount of Rs. 5,333/- out of amount of Rs. 41,867/- without giving an opportunity of hearing to the petitioner is illegal and is violative of Principles of Natural Justice and the petitioner is entitled to receive a sum of Rs. 5,333/-.6. For the reasons mentioned above, the present writ petition deserves to be allowed and the petitioner is entitled to receive a sum of Rs. 5,333/- which was withheld by the respondents.Accordingly, the present writ petition is allowed and the respondents are directed to make payment of Rs. 5,333/- to the petitioner within a period of one month from today.Cost made easy.Petition allowed. *******