1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5700/09 Bhanwar Lal Sharma vs. State & Ors. Date of order : 22/7/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri H.K. Sharma for the petitioner. Shri S.D. Khaspuria, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed by the petitioner with the prayer that the respondents be directed to make payment of his due salary. It is contended that the petitioner was posted as Panchayat Prasar Officer in Panchayati Samiti, Newai. He was vide order dated 28.7.08 was transferred from Newai to Panchayat Samiti Karauli in District Karauli whereas one Gopal Ram Gurjar was passed at Panchayat Samiti Newai. The petitioner joined at Karauli on 30.7.2008 and since then he has been continuously discharging his duties. Gopal Ram Gurjar filed an appeal against the appeal of transfer before the Rajasthan Civil Services Appellate Tribunal. The appeal was disposed of by order dated 17.9.08 with liberty to make a representation within one month and with 2 direction to the government to decide the same within a period of two months and it is directed that during the period of two months, the operation of the transfer order shall remain stayed. The respondents have not made payment of salary to the petitioner since the date of his joining. Lastly, the petitioner received his salary of the months of July and August from Panchayat Samiti Karauli. However, the respondents have not decided the representation of the Gopal Lal Gurjar, nor have made payment of salary of the petitioner for subsequent period. Learned counsel for the respondents though prayed for time to file reply but in the facts of the case, I find that the matter deserves to be decided. The order dated 6.1.09 passed by the Deputy Secretary, Government in its Rural Development and Panchayati Raj Department is on record. By that order the Government has noticed that two persons are working at one place and it was as an interim measure directed that the till the representation of Gopal Lal is decided, the salary shall be drawn against the post at Newai. It appears that now 3 payment has been discontinued because Panchayat Samiti Newai has vide order dated 13.1.09 declined to make payment of salary to the petitioner. In the circumstances, the respondents are directed to make payment of salary of the petitioner within two months and continue to ensure payment of salary and other allowances on month to month basis subject to his regularly discharging the duties. The writ petition is disposed of. (MOHAMMAD RAFIQ), J. RS/