SBCWP NO.4165/2001. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4165/2001. Ram Singh Choudhary Versus Director, Secondary Education Rajasthan Bikaner & Ors. Date of Order : 2/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Kunwar Bahadur for the petitioner. Shri Vijay Dutt Sharma, Deputy Government Counsel. **** BY THE COURT:- The petitioner who has retired from the services of the respondents has approached this Court with the grievance that even though he was promoted by the order of the Director Secondary Education Rajasthan Bikaner dated 29/9/2000 to the post of Vice Principal District Institute of Educational Training Baran and he reporterd for joining at Baran to District Education Officer on 10/10/2000, but his joining was not accepted. 2) Learned counsel for the petitioner has invited attention of the court towards the order of promotion dated 29/9/2000 and his relieving order issued by the Principal Upper Government Secondary School Chipabarod where he was earlier posted as vice Principal on 9/4/2000. Petitioner was not allowed to join because at the relevant point of time, the order SBCWP NO.4165/2001. 2 for creation of D.I.E.T. at Baran had not been received. In the circumstances, petitioner approached the District Education Officer Kota who required him to approach the Director again. When petitioner approached the Directorate on 16/10/2000, the Director Elementary Education and Deputy Director Elementary Education, Kalulal Chandra Sain, again required him to go back to the D.E.O. Elementary Education Baran. When he submitted his joining to the D.E.O. E.E. Baran on 23/10/2000 again, she refused to accept the joining report because by then the appointment order was not received. Request of the petitioner to take his attendance at his own risk was also declined. There was then deepawali break from 26/10/2000 to 29/10/2000. Petitioner again appeared before the District Education Officer on 30/10/2000 and continued to appear before him upto 7/11/2000. Petitioner also sent a registered letter to the Director Elementary Education, Rajasthan Bikaner on 7/11/2000 but the Director did not respond in his matter. Petitioner again sent a fax message on 22/11/2000 to the Director Elementary Education Rajasthan Bikaner to allow him to continue to attend the office at Baran. Since the age of his superannuation was approaching on 31/12/2000, petitioner again wrote a letter to the Director on 29/12/2000 requesting to send amended order of his posting and to make arrangement of payment of his salary for the months from October to December 2000. SBCWP NO.4165/2001. 3 He thereafter again sent a representation to the Director on 29/12/2000 and then when petitioner attained the age of superannuation on 31/12/2000, he on his own stopped going to the office of District Education Officer Baran. He thereafter contacted the Deputy Director for payment of salary and retiral dues. Petitioner has given details of number of representations. He wrote letters to all governmnt functionaries for redressal of his grievance. When nothing was done, he approached this Court with the prayer to direct the respondents to treat him to have retired from the post of Vice Principal D.I.E.T. Baran and accordingly grant him salary for the post for the period w.e.f. 10/10/2000 to 31/12/2000 and also retiral benefits of that post. 3) Shri Vijay Dutt Sharma, learned Deputy Government Counsel opposed the writ petition and submitted that although it was during the period that petitioner's promotion and posting order was issued for D.I.E.T. Baran but there was no direction to give him promotion and join in the office of D.E.O. Baran and therefore the alleged joining of the petitioner in the office of D.E.O. Baran and continued attendence by him in that office would not entitle him to receive benefit of promotion. The petitioner was asked to join and be present in the office at Kota by D.E.O. Baran. Since the actual joining of the petitioner was on the post of Vice Principal, he has rightly retired from SBCWP NO.4165/2001. 4 the post of Vice Principal from the government secondary school. The petitioner therefore is not entitled to the relief prayed for. 4) Agony of the petitioner is writ large from the contents of writ petition in that not only he was not allowed to join on his substantive post but also he was not allowed to put his signature in the attendance register without there being any fault on his part petitioner particularly when he was taken on duty by the Principal D.I.E.T. Kota and then reported for duty in the office of Director, Elementary Education Rajasthan Bikaner but he was not allowed to join his duties and he was sent back to Baran. Then the petitioner on that basis continued to report to D.E.O. Elementary Education Baran and in between he made number of representations. The respondents in their counter affidavit have substantially not denied what is stated by the petitioner in his writ petition. 5) In fact, averments of the petition which indicate the manner in which petitioner retired on attaining the age of superannuation and right to hold the post of promotion, that too within last three months of his service career, stood crystalised in favour of the petitioner by issuance of the promotion order in favour of the petitioner. 6) In the circumstances, petitioner would be entitled to the benefits of post of promotion. SBCWP NO.4165/2001. 5 7) In the result, the writ petition is allowed. Petitioner is held entitled to benefits of joining the post of Vice Principal D.I.E.T. w.e.f. 10/10/2000 when he originally reported to D.E.O. Elementary Education Baran and he shall be deemed to have joined on that post w.e.f. 10/10/2000 and shall be entitled to the arrears of salary in so far as due amount is concerned from 10/10/2000 till 31/12/2000 on the post of Vice Principal D.I.E.T. He shall also be entitled to all retiral benefits treating him to have retired from the post of Vice Principal D.I.E.T. Baran. Petitioner shall also be entitled to the interest @ 9% p.a. for the arrears due to him. Apart from the above amount, a sum of Rs.5,000/- is quantified to be awarded to the petitioner as costs which shall be payable to him by the respondents. Compliance of the judgment shall be made within three months from the date copy of the same is produced before the respondents. (MOHAMMAD RAFIQ), J. anil/-