HANUMAN PRASAD YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner joined service in the erstwhile State of Ajmer, as L. D. C. on March 21, 1946 and retired from service of the Government of Rajasthan on January 31, 1982. For the last over three decades the petitioner has been vigorously pursuing his case in the courts of law with the faint hope that his grievance will ultimately be remedied. He has not been paid amount due to him in the light of a judgment and decree passed by a Court of competent jurisdiction. He has not been paid post retirement benefits for last more than 10 years and 6 months.

(2.) AFTER his appointment as L. D. C. in the year 1946, the petitioner was confirmed on that post in 1953. He was promoted as U. D. C. in the year 1955. After the merger of the erstwhile State of Ajmer in Rajasthan with effect from January 1, 1956, petitioner was posted as Inspector Land Records. He was posted in Tehsil Dudu by the Collector Jaipur in pursuance of the directions of the Commissioner Ajmer Division. The petitioner remained posted at Dudu between May 25, 1957 to April 30, 1958. In the year 1958, he was selected by the Rajasthan Public Service Commission for the post of Ziledar. He was appointed on that post by the Chief Engineer, Irrigation, Jaipur vide order dated April 16, 1958. On October 12, 1961 he was sought to be reverted to the so-called parent department. He was not allowed to join duty and was not given any posting order in the so-called parent department. He was sent back to Irrigation Department. There also he was not given posting order.

(3.) AGAINST his reversion the petitioner filed a civil suit in the court of Munsif City (West) Jaipur. The suit was decreed on April 2, 1974 by the Trial Court. Even after decree was passed by the Civil Court, the petitioner was not taken back in service. The State Government filed an appeal before the District Judge Jaipur City, which was dismissed on February 9, 1982. The judgment and decree of the trial court were upheld. A Second Appeal preferred by the State was dismissed by this Court on September 15, 1986. Undaunted by the reversal in the two appellate courts, the State Government filed a Special Leave Petition before the Supreme Court. The Apex Court dismissed the Special Leave Petition on October 25, 1988. The Departmental Authorities did not stop there. A review petition was preferred before the Supreme Court. Their Lordships declined to interfere and dismissed the review petition on August 31, 1988. The petitioner who remained without any pay and allowances from October 17, 1961 was taken on duty only for a short span of 20 days i. e. from January 11, 1982 to January 31, 1982. He retired from service on January 31, 1982. Thus, the petitioner who had been selected for appointment on the post of Ziledar by the Rajasthan Public Service Commission in the year 1958 could render physical service to the public on that post for a period of 20 days only after October 17, 1961. In between this period an appeal had been filed by the petitioner before the Rajasthan Civil Services Appellate Tribunal. This appeal was decided by the Tribunal vide its order dated, December 15, 1981. The Tribunal made certain scathing observations on the treatment meted out to the petitioner by observing: