1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R (1) S.B.Civil Misc. Application No.9/08 In S.B.Civil Writ Petition No. 5543/06 (Smt. Prabha Shrivastav Vs. Union of India & Ors.) (2) S.B.Civil Misc. Application No.10/08 In S.B.Civil Writ Petition No. 5310/06 (Jagdish Shrma Vs. Union of India & Ors.) (3) S.B.Civil Misc. Application No.11/08 In S.B.Civil Writ Petition No. 5531/06 (Smt. Sukhjeet Kaur Vs. Union of India & Ors.) (4) S.B.Civil Misc. Application No.12/08 In S.B.Civil Writ Petition No. 5558/06 (Bhanwar Singh Rathore Vs. Union of India & Ors.) (5) S.B.Civil Misc. Application No.13/08 In S.B.Civil Writ Petition No. 6113/06 (Abha Jhajariya & Ors. Vs. Union of India & Ors.) (6) S.B.Civil Misc. Application No.14/08 In S.B.Civil Writ Petition No. 5528/06 (Smt. Kamla Bai Vs. Union of India & Ors.) (7) S.B.Civil Misc. Application No.17/08 In S.B.Civil Writ Petition No. 5557/06 (Smt. Gulab Devi Sharma Vs. Union of India & Ors.) ............ 2 Date of order : 04.04.2008 HON'BLE MR.JUSTICE H.R.PANWAR Mr. Shyam S. Khatri for the petitioners. Mr. Rajesh Bhati, Dy. Govt. Counsel } Mr. Girish Sankhla } for respondents. All these applications arise between the same parties and involve common question of law and facts, therefore, with the consent of learned counsel for the parties are heard and decided together taking S.B.Civil Misc. Application No.09/2008 Smt. Prabha Shrivastav Vs. Union of India & Ors. as leading case. The facts and circumstances giving rise to these applications are that the petitioners earlier filed before this Court S.B.Civil Writ Petition No.5543/06, S.B.Civil Writ Petition No. 5310/06, S.B.Civil Writ Petition No. 5531/06, S.B.Civil Writ Petition No. 5558/06, S.B.Civil Writ Petition No. 6113/06, S.B.Civil Writ Petition No. 5528/06 and S.B.Civil Writ Petition No. 5557/06. The writ petitions came to be decided by orders dated 25.1.2007, 15.2.2007 and 26.2.2007 on an application moved by respondent No.4, the Secretary, Social Welfare Department, stating therein that by order dated 9.10.2006 (Annex.R-4/1) the State Govt. informed the respondent Board that project 3 employees as being surplus employees of the projects of the State Social Welfare Board have been granted sanction for sending them on deputation on the basis of secondment on their existing pay-scale in different departments of the State of Rajasthan, and therefore, nothing survive in the writ petitions. On this application, after having heard learned counsel for the parties this Court taking notice of the fact that the petitioners therein have already been absorbed and joined their new posts, observed that nothing survives in the writ petitions and accordingly petitions were disposed of. However, learned counsel for the petitioners submits that there is no dispute with regard to the fact that the petitioners have been absorbed by the State of Rajasthan but for the period for which the petitioners have served the social welfare department i.e. respondent No.4, the petitioners have not been paid their salary. A reply has been filed by the State as also by the Board. The Board stated that 1/3 of the proportionate salary is to be paid by the State and rest of the salary by the Board. In the reply filed by the State through Deputy Government Counsel Mr. Rajesh Bhati, it has been stated that by order Annex.R/2 dated 1.5.2007, the State has already paid its share in respect of employees petitioners herein to the Board respondent No.4 and not only in respect of these petitioners but in respect of all the 4 employees who were with the Board their proportionate salary. He has placed on record Annex.R/2 along with the reply to these applications. This fact has not been disputed. Even otherwise, there is no reason for the respondent Board to deny due salary to the petitioners upto the date of their relieving from the Board. Keeping in view the reply filed by the state and the fact that the petitioners have served with the respondent No.4 Board and only dispute raised is that they have not been paid salary for some period upto their relieving from the Board, in my view, the petitioners are entitled for the due salary for such period. There can be no reason for the respondent No.4 Board not to pay due salary to the petitioners upto their relieving from the Board when the employees have already been absorbed by the State Govt. and they remain no more employees of the Board after their absorption. In these circumstances, I consider and just and proper to direct the respondent No.4 to pay due salary to the petitioners up to the date of their relieving from the respondent Board. With these directions, the applications stand disposed of. (H.R.PANWAR), J. rp