1 S.B.CIVIL WRIT PETITION NO.7449/2007 Maruti Kumar Mishra v. State of Rajasthan & Ors. Date of Order :: 19 th May, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. C.S.Bissa, for the petitioner. Mr. N.K.Mehta, for the respondents. .... The petitioner, a Pump Driver Gr.II, was kept under awaiting posting orders by an order dated 5.7.2005. By an order dated 7.7.2006 he was placed under suspension, however, on 28.7.2006, this Court stayed operation and effect of the order aforesaid in a petition for writ preferred by the petitioner. The petitioner is yet awaiting posting orders since 5.7.2005. The respondents have also not made payment of wages to the petitioner from the day he was kept awaiting posting orders. Hence, this petition for writ is to challenge the continuation of keeping the petitioner awaiting posting orders and also for payment of due salary. In reply to the writ petition the stand of the respondents is that the salary was not paid to the petitioner being kept awaiting posting orders. Heard counsel for the parties. 2 It is really surprising that the respondents are keeping the petitioner awaiting posting orders from last about three years. A civil servant is always required to be posted at an appropriate place to utilise his services. The mode of awaiting posting orders is only an intermittent arrangement during the process of making necessary posting of employees. Such an intermittent mode cannot be continued for an indefinite period. From the facts of the case, it appears that the respondents are continuing the petitioner awaiting posting orders for the reasons those cannot be termed and treated as part of service exigency. It is also significant to note that at the first instance the petitioner was kept awaiting posting orders and subsequent thereto he was placed under suspension. Operation of the order of suspension was stayed by this Court and, therefore, by keeping the petitioner awaiting posting orders, the respondents are virtually flouting the interim order passed by this Court. Be that as it may, the respondents cannot deny a government servant for payment of wages while keeping him awaiting posting orders. The act of the respondents by not making payment of wages to the petitioner from last about three years by keeping awaiting posting orders is highly unjust, unfair and arbitrary. For the reasons stated above, this petition for writ deserves acceptance and, 3 therefore, the same is allowed. The respondents are directed to make posting of the petitioner forthwith at an appropriate place as per law. The respondents are further directed to make payment of due salary to the petitioner with all other admissible allowance and bonus within a period of one month from today. The petitioner shall also be entitled for interest @ 7.5% per annum on the due arrears of salary, admissible allowances and bonus. Beside the above, the respondents shall also pay to the petitioner a cost of litigation, that is determined as Rs.7500/-. ( GOVIND MATHUR ),J. Kkm/ps.