1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.8788/2004 (Lokesh Kumar Gupta Versus The State of Rajasthan & Others) Date of Order :: 28th May, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Rajendra Kumar Sharma for the petitioner Dr. M.S. Kachhawa, Additional Government Counsel for the respondents BY THE COURT: At the request of learned counsel for both the parties, the arguments were heard and writ petition is being disposed of finally. 2. The petitioner has preferred this writ petition with a prayer that appropriate order or direction may be issued directing the respondents to pay the salary to the petitioner for the period from April, 2002 to 30th September, 2004, during which he worked at Jhiwana-I, Jhiwana-II and Jhiwana-III and Sahadodh Centre with interest. It has been averred in the writ petition that he was appointed by respondent no.3 on the post of Secretary in Jal Grahan Vikas Committee at Jhiwana-I, Jhiwana-II and Jhiwana-III and at Sahadodh Centre in the month of May, 1998 for the Jal Grahan projects. The petitioner was 2 continuously and regularly working as Secretary in the above mentioned places but his salary for the above period has not been paid. 3. A notice to show cause was given to the respondents and in response thereto, they have filed their reply, wherein it has been stated in para 8 thereof that the petitioner was informed vide letter dated 5th November, 2004 to return the remaining amount in the account of Jal Grahan Vikas Committee amounting to Rs. 23,722/- and Rs. 33,129/-; total Rs. 56,851/- to the Chief Executive Officer, Zila Parishad, Alwar and to obtain the receipt of it, but the petitioner has neither presented the receipt of returning the amount nor he deposited the same. It has also been averred that petitioner completed the work of submitting the utilization and completion certificates at very belated stage in the month of September, 2004. The petitioner was paid the honorarium upto the month of May, 2002 for the Shahdod project vide bill no. 64 dated 1.11.2004. Since the petitioner flouted the directions and committed negligence, hence for the said reason the honorarium was not paid to the petitioner after May, 2004. 4. The petitioner in his rejoinder has 3 contended that he has already deposited the balance amount in the account of Jal Grahan Committee, Shahdod and Jal Grahan Vikas Fund, Shahdod in Account No. 2658 in Oriental Bank of Commerce, Bhiwadi on 24th July, 2004, the amount of Rs. 24,137 and Rs. 34,299/- as FDR on 5th July, 2004 and the same FDR was handed over to Gram Panchayat, Tijara. The photo copy of the letter of receipt of Sarpanch dated 12th August, 2004 and photo copy of deposit slip dated 24th July, 2004 have been enclosed. A copy of the bank statement dated 11th August, 2005 has also been closed as Annexure-14. 5. Be that as it may, from the pleadings of the parties and their submissions, it appears that the amount of salary / honorarium to petitioner has been paid upto May, 2002, but in subsequent period, the same was not paid as some amount was lying in deposit with the petitioner, as mentioned in the reply, but it appears from the rejoinder that the said amount has been paid by the petitioner. In these circumstances, it will be appropriate to direct the petitioner to place the receipts having deposited the due amount by him including copy of fixed deposit with the respondents and thereafter the respondents will verify the same 4 and in case the amount is lying in deposit with them, then they will immediately release the amount of salary / honorarium to the petitioner for the period from June, 2002 to September, 2004. 6. Consequently, the writ petition is disposed of with a direction to the petitioner to place a copy of receipt having deposited the due amount by him along-with copy of fixed deposit, as contended by him in his rejoinder, within a period of one month along-with a copy of this order and thereafter the respondents will verify the same and in case they are satisfied with the deposit of amount by the petitioner, then they will immediately release the amount of salary / honorarium to the petitioner for the period from June, 2002 to September, 2004 and make the actual payment within a period of three months thereafter. It is made clear that in case the sufficient proof is not submitted by the petitioner of having deposited the due amount, then it will be open for the respondents to deduct the amount due against the petitioner and pay the remaining amount to the petitioner within the aforesaid period. The petitioner will be entitled to interest @ 6% per annum also from due date till 5 the actual date of payment. 7. The parties are directed to bear their own costs. (NARENDRA KUMAR JAIN), J. DK