SURENDRA KUMAR JAITLY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the Court. The petitioner by this writ petition has challenged the orders dated 17th September, 1979, 5th December, 1980 and 18th February, 1982 as well as the order of the Rajasthan Civil Services Appellate Tribunal dated 11th January, 1982. The petitioner has prayed that he may be paid salary for the. period from 3rd August, 1976 to 27th April, 1978 with interest at the rate of 15% per annum.

(2.) PETITIONER was holding the post of Assistant Drawing Teacher in the Government Girls Higher Secondary School, Sri Ganganagar till he was relieved from there on 2nd August, 1976 by the order passed by District Education Officer (Women Institution), Sri Ganganagar dated 31st July, 1976. In pursuance of this order he reported for duty to the Head Master, Government Higher Secondary School, Kokarwali on 6th August, 1976, but he was not taken on duty by the then Head Master. Thereafter, petitioner moved an application to the Head Master, Govt. Higher Secondary School, Kokarwali on 6th August, 1976 (Annex. 2). He also moved an application to the Head Mistress, Government Girls Higher Secondary School, Sri Ganganagar that he may be allowed to join duty there till fresh orders are received from District Education Officer, Bikaner, and the application was sent to District Education Officer, Bikaner that he may be allowed to continue at Sri Ganganagar till the fresh orders are issued. Thereafter, it is alleged that he kept making applications from one place to another and ultimately the petitioner made an application to Head Master, Government School, Kokarwali (Annex. 6) for joining duty, the Head Master made an endorsement on that application and forwarded the same to District Education Officer, Sri Ganganagar, that petitioner has reported on duty but no transfer order was received from your office to this School, therefore, he was not taken on duty. It was further stated by the forwarding note that the petitioner has reported on duty on 14th May, 1977 and again he has approached this School, therefore, papers are forwarded to you for necessary orders, this communication is dated 1st July, 1977. Thereafter, in pursuance of Government Order dated 21st July, 1977 the earlier order of 31st July, 1976 was cancelled by the District Education Officer, Sri Ganganagar by the order dated 26th July, 1977 and the petitioner was directed to join at Government Higher Secondary School, Sri Ganganagar, which he joined on 27th July, 1977. He was relieved from there in the afternoon of 28th July, 1977 because of no vacancy was available. Again Government issued order on 11th August, 1977, whereby it was directed that the petitioner should be posted at Ganganagar. In pursuance of this government order an order dated 4th September, 1978 was issued by District Education Officer, Ganganagar posting petitioner in the Government Higher Secondary School (Boys), Sri Ganganagar, but on this also he did not join. Then ultimately, the order passed on 27th April, 1978 posting him at Government Higher Secondary School (Women Institution), Sri Ganganagar was issued, which he joined on 28th April, 1978. Thereafter, petitioner was served with a charge sheet for remaining wilfully absent from duty vide Annexs. 20 and 20A dated 23rd May, 1980 alleging that he has remained wilfully absent from period 3rd August, 1976 to 27th April, 1978. A regular departmental enquiry was held against the petitioner and ultimately he was found guilty for wilful absence from duty and for that petitioner was punished for stoppage of one grade increment with cumulative effect. Aggrieved with this order, he preferred an appeal before the Director (Education) and the Director (Education) vide his order dated 23rd October, 1981 (Annex. 24) rejected his appeal. Meanwhile, petitioner filed an appeal before the Rajasthan Civil Services Appellate Tribunal also in the year 1980 for his salary from period 3rd August, 1976 to 27th April, 1978. The Tribunal after considering over the matter, found that since the petitioner has been punished for overlapping period by a departmental enquiry and it was found that he remained wilfully absent from duty, therefore, the Tribunal declined the salary to petitioned for the period 3rd August, 1976 to 27th April, 1978. Hence, the petitioner has approached this Court by this writ petition challenging the orders of Tribunal dated 11th January, 1982 (Annex. 25) as well as against the order whereby he has been found guilty of wilful absence as well as the order of Director (Education) dismissing the appeal.