Tara Chand Sagatramani S/o Shri Heera Nand v. State Of Rajasthan - Through Secretary, Medical And Health Department, Government Of Rajasthan, Jaipur
2023-12-04
ARUN MONGA
body2023
DigiLaw.ai
ORDER : The petitioner has filed the writ petition sometime in the year 2017 with the following prayer:- “A. By an appropriate writ order or direction, the respondents may be directed to comply with the order dated 30.05.2013 (Annex.1) passed in Appeal No.111/2013 by the Rajasthan Civil Services Appellate Tribunal, Jaipur. B. Pending the petition, if any order is passed or any action is taken against the petitioner prejudicial to his interest, the same may kindly be taken on record and may be quashed and set aside. C. Any other appropriate writ, order of direction which the Hon’ble Court deems fit, may kindly be passed in favour of the petitioner. D. Writ petition filed by the petitioner may kindly be allowed with costs.” 2. The succinct facts first as pleaded in the petition are: 3. Petitioner was appointed on temporary basis on the post of Civil Assistant Surgeon (‘CAS’) and was working on the said post till 25.03.1979. He had taken leave due to unforeseeable circumstances from 26.03.1979 to 15.10.1979. Subsequently, on 26.03.1981, the petitioner was selected by R.P.S.C. 3.1 On 30.05.2013, the petitioner filed an appeal before the Rajasthan Civil Service Appellate Tribunal vide Appeal No. 111/2003 claiming that his earlier services to be treated as a part of his regular service as well as service rendered by the petitioner from 10.02.1976 to 15.10.1979 be included while calculating the annual grade increment of the petitioner and increment be granted by calculating initial date of appointment of the petitioner as 10.02.1976. The appeal was allowed by the Tribunal vide order dated 30.05.2013 with the direction to the respondents that the services rendered by the petitioner on temporary basis from 26.03.1979 to 15.10.1979 be treated as regular and payment be made accordingly. 3.2 It was further directed that the services rendered from 10.02.1976 to 15.10.1976 on temporary basis be also counted while granting annual grade increment and his salary be fixed in the revised pay scale with all consequential benefits within three months. 3.3 Aggrieved with the order dated 30.05.2013, the State Government preferred SBCWP No. 5192/2014 before this Court and the same was dismissed in default in compliance of the Court’s order dated 12.05.2016.
3.3 Aggrieved with the order dated 30.05.2013, the State Government preferred SBCWP No. 5192/2014 before this Court and the same was dismissed in default in compliance of the Court’s order dated 12.05.2016. Therefore, the order passed by the learned Tribunal dated 30.05.2013 had attained finality and no efforts have been made by the State Government to pursue the writ petition and therefore, rights have accrued in favour of the petitioner. 3.4 On 17.01.2017, the petitioner served a legal notice to the concerned authority with a prayer to comply with the order dated 30.05.2013 passed by the learned Tribunal. However, till date, no compliance has been made by the respondents. Hence, the present writ petition. 4. Learned counsel for the petitioner argues that the appeal filed by the petitioner was allowed by learned Tribunal and it was directed that the services rendered by the petitioner from 10.02.1976 to 15.10.1979 be calculated for grant of annual grade increment as well as basic pay. He further submits that it was directed that the increments be granted from 10.02.1976 so also service rendered from 26.03.1979 to 15.10.1979 be treated as regular service. He further argues that despite the above directions, the necessary exercise has not been carried out deliberately by the respondents. 5. Heard. 6. The grievance of the petitioner is that despite the order/ judgment dated 30.05.2013 passed by the Tribunal below, which has concededly attained finality as the writ petition preferred against the same was dismissed by this Court vide order/judgment dated 08.07.2016 and no further remedy of any kind was availed against the dismissal of the writ petition. 7. On a Court query as to what is the remedy provided under the Rajasthan Civil Services Appellate Tribunal Act, learned counsel states that there is no provision of either execution or contempt and therefore, the petitioner has to necessarily approach this Court by invoking the extraordinary jurisdiction of Article 226 of the Constitution of India. 8. In support of his contention, he has drawn my attention to an order dated 17.05.2016 passed by Single Bench of this Court in S.B. Civil Writ Petition No. 4574/2014 (Mohan Lal Sharma & ors. Vs. State of Raj. & ors).
8. In support of his contention, he has drawn my attention to an order dated 17.05.2016 passed by Single Bench of this Court in S.B. Civil Writ Petition No. 4574/2014 (Mohan Lal Sharma & ors. Vs. State of Raj. & ors). The relevant portion is being reproduced herein below:- “Section 8 of Rajasthan Civil Services (Service Matters) Appellate Tribunal Act, 1966 has been perused which clearly specifies that the decision of the Tribunal is final and shall be implemented within the reasonable time. In the judgment rendered by the Jaipur Bench of this Court in Om Prasad Sharma V/s State of Rajasthan (S.B.Civil Writ Petition No. 4796/1991) reported in 1992 (1) WLC Raj. 345, the single bench of this Court came to hold that departmental authorities are duty bound to implement the orders passed by the Tribunal and in case, the authorities flout the orders passed by the Tribunal, the only proper course is to give direction to the respondents to comply with the order passed since a legal right has accrued to the petitioners which has become final. In present case, the order passed by the Tribunal was not challenged by way of filling a writ petition and thus, the same has become final and binding upon the authorities concerned. This writ petition was filed as far back as 2014 and sufficient time has been granted to the respondents either to file reply to the writ petition or comply with the orders passed. Since no reply has been filed to date, this Court finds that there has been deliberate non-compliance of the order passed by the Tribunal and has no hesitation in directing the respondents in complying the order passed within a period of two months from the date of receipt of certified copy of this order.” 8. In view of the aforesaid, I see no reason why the petitioner be also not accorded the benefit of the same. 9. Accordingly, the respondents are directed to implement the order/judgment dated 30.05.2013 rendered by learned Tribunal within a period of three months from today, failing which, they shall be liable for consequences including action under Contempt of Court Act, 1971 for non-compliance of the directions issued by this Court vide the instant order. 10. Disposed of accordingly. 11. Pending applications, if any, shall also stand disposed of.