YOGESH SHARMA Vs. RAJASTHAN HIGH COURT AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Art. 226 of the Constitution of India against the respondents on 1.8.2002 with a prayer that by an appropriate writ, order or direction, the respondents be directed to pay subsistence allowance to the petitioner for the entire period of suspension with interest @ 18% p.a.

(2.) The facts of the case as put forward by the petitioner are as under :

(3.) A reply to the writ petition was filed by the respondents No. 1 and 2 and their main case is that no doubt on resuming duty on 12.6.2001, the petitioner submitted Medical & Fitness Certificates from Dr. Beniwal and Dr. Saharan but Medical & Fitness Certificate of Vaidya Shri Prem Ratan was not submitted and since Certificates in the prescribed proforma were not produced by the petitioner, he was not allowed to join duty and thus he was not entitled for subsistence allowance. Hence, no case is made out and the writ petition deserves to be dismissed.