A S RAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition seeking a direction against the respondents to implement the Civil Services Appellate Tribunal's judgment and order dated 19. 09. 1986. The petitioner's appeal was decided and allowed by the Civil Services Appellate Tribunal, Jaipur way back of 19. 09. 1986 in Appeal No. 449/84. The operative part of the Tribunal's judgment reads as under: - "in view of no reply of the respondent there is no other alternative except to rely on the version of the appellant as far as factual position is concerned. Thus it is apparent that the two impugned orders were issued by considering seniority of the appellant at a place which stand revised now. In view of this it is equitable and justiciable to review the proceeding of the D. P. C. on the basis of which the two impugned orders have been issued. Thus there is force in the appeal which is hereby accepted and the respondent is directed to review the proceedings of the D. P. C. on the basis of which the two impugned orders have been issued and to grant all necessary consequential benefits to the appellant, in view of his revised seniority.

(2.) THE petitioner had also filed a contempt application before the Tribunal on 15. 11. 1988 wherein, the Tribunal had passed an order on 14. 12. 1990 and directed the Collector, Jaipur to arrange for the compliance of the Tribunal's decision of 19. 09. 1986 passed in Appeal No. 449/84 within a period of two months. Despite this order dated 14. 12. 90 the Tribunal's decision was not implemented. Faced with such a situation the petitioner filed this writ petition before' this Court on 5. 07. 1991 seeking a mandamus against the respondents to implement the Tribunal's judgment. When the matter came up before this Court on 30. 09. 1991 a notice was issued to the respondents as to why this writ petition may not be admitted and disposed of on 13. 11. 91. Mr. B. L. Avasthi, Addl. G. A. requested for a months time to implement the Tribunal's judgment dated 19. 09. 1986. On 16. 12. 91 one month's time was again sought by Mr. B. K. Sharma, Addl. G. A. , thereafter, on 22. 1. 92 again time was sought. So far neither any reply has been filed nor the Tribunal's judgment has been so implemented, the petitioner has filed the Additional Affidavit stating therein that his claim for Joint Director Plant Protection is being ignored and has submitted that the payment has been sent by the Joint Director Plant Protection through Banker's Cheque of State Bank of Bikaner and Jaipur for a sum of Rs. 24805/- (twenty Four Thousand, Eight Hundred & Five Rupees) as per the Tribunal's order. Mr. Soni has also submitted that the petitioner has already retired on 30. 11. 88 whereas, the post of Joint Director Plant Protection was vacant on 1. 7. 88. Had the Tribunal's judgment been carried out, he would have been promoted as Joint Director Plant Protection instead of Deputy Director Plant Protection. THE petitioner has also raised the grievance in the matter of his fixation of pay on the post of Deputy Director Plant Protection in accordance with Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 which came into force on 1. 9. 88.