UMAID MAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who is a retired employee of Medical & Health Department of Govt. of Raj. by this petition under Article 226 of the Constitution of India is praying for the following relief:- " (ii) by issuing a writ in the form of mandamus of any other appropriate writ, order or direction to implement the order & Judgment of Service Tribunal in appeal No. 575/82:- (a) promote the petitioner on the posts of Office Superintendent Gr. II from 2. 8. 1972, Office Superintendent Gr. I from 18. 10. 1975; (b) make payment of aforesaid deducted amount of House Rent Allowance and City Compensatory Allowance with interest; (c) pay the amount towards compensation for mental agony, financial loss and loss of self prestige and social status; (d) give other consequential benefits including pensionary benefits to the petitioner; (e) cost of writ petition may also be awarded; and (f) Any other relief which the Hon'ble Court deems just and proper in the interest of justice be also allowed. "

(2.) THE petitioner filed an Appeal No. 575/82 with the Rajasthan Civil Services Appellate Tribunal which was decided on 16. 12. 1982. THE operative part of the judgment of the Tribunal in the appeal filed by the petitioner, reads as under:- "we therefore, accept the appeal party and order that the appellant be given arrears of pay and allowances as office Assistant with effect from 27. 10. 1971. He may also be given promotions to the higher posts of Office Superintendent Grade II, O. S. Grade I and Administrative Officer, if found suitable, from the date that his juniors were so promoted with all consequential benefits. Two months time is given to implement this order. "

(3.) THE first claim is in regard to promotion on the post of OS Gr. II from 2. 8. 1972 and OS Gr. I from 18. 10. 1975. THE petitioner has been given promotion in pursuance of the order of the Tribunal on the post of OS Gr. II from 22. 11. 1975 and on the post of OS Gr. I from 8. 2. 1975. THEse promotions were given to the petitioner with reference to the dates on which his junior jagannath Sharma was promoted. THE petitioner is claiming the benefits of these promotions from the date on which Daulat Singh Mehta was promoted. So far as the post of Administrative Officer is concerned on which both. Daulat Singh Mehta and the petitioner was promoted on the same date i. e. 21. 6. 1979. This claim of the petitioner deserves no acceptance as the same stands concluded under the order of this Court dated 18. 5. 1987 made in SB Second Contempt Petition No. 104/86. Before this Court in the aforesaid contempt petition, the petitioner claimed the benefits of the promotion on the post of OS Gr. II and OS Gr. I from the date on which his junior Jagannath Sharma was promoted. This claim of the petitioner has been accepted by the Court and now it is not open to the petitioner to go beyond this order. Once the petitioner himself has claimed this benefit of promotion with reference to the date from which jagannath Sharma was promoted and that claim has been accepted by this Court, he cannot now be permitted to take the somersault and to lodge this claim from the dates on which Daulat Singh Mehta was promoted. THE petitioner's case to this extent is not bonafide. What the petitioner is claiming today in regard to his entitlement, he should have prayed the same before this Court and the very fact that this has not been claimed by the petitioner before this Court goes to show that for this, he was not entitled. THE petitioner being the Govt. servant has to act as law abiding citizen and not as a person to make the claim for the benefits which were not claimed earlier. This claim of the petitioner for promotion on the post of OS Gr. II w. e. f. 2. 8. 1972 and OS Gr. I w. e. f. 18. 10. 1975 is not tenable and accordingly it cannot be granted.