MURARILAL AND KISHORILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have approached this Court seeking direction to the respondents to release payment of their pay & salary plus admissible allowances withheld by them for the period from 1.8.91 to 28.7.1993 along with interest thereon @ 24% p.a. besides compensation to the tune of Rs. 15,000.00 for mental torture.

(2.) Facts relevant for the purpose of the present controversy are thus. Admittedly, the petitioners (Murarilal Gaur & Kishorilal Jangid) holding the post of Assistant Teachers in Govt. Secondary School, Sikari, were temporarily posted in the office of the District Education Officer, Dausa (respondent No. 3) where they joined on 13.5.91 but relieved to join respondent No.3's office by an order dated 31.5.91 (Ann. 1) whereafter they were relieved by the respondent No. 3 by order dated 14.8.91 (Ann. 2) so as to resume back on their duties at Govt. Sr. Secondary School Sikari where they joined on 15.8.91, is apparent from a letter dated 29.2.92 (Ann. 3) issued by the Vice Principal of the School.

(3.) The dispute crept in while the petitioner service transferred by order dated 14.8.91 (Ann. 4) passed by respondent No.3. It is the case of the petitioners that since they were relieved on 28.7.93 they joined their duties on transfer posting on 29.7.93, as is evident from their joining reports (Ann. 5 & 6). It is also the case of the petitioners that they also tried to report for joining duties at the places of their transfer posting but they were not allowed to do so because they were not relieved from Sikari School to join Dhulkot & Manpur Schools, where they joined on relieving order having been passed by the respondent No. 3 who issued order dated 24.7.93 directing the Sikari School to relieve them w.e.f. 28.7.93 as is evident from their relieving order dated 28.7.93 (Ann. 7).