1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.810/2006 (Arjun Singh Vs. State of Raj. & Ors.) Date of order : 2.5.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Girish Sankhala, for the petitioner. Mr. Shyam Ladrecha, Dy. Govt. Counsel. In this writ petition, the petitioner has prayed for directions to the respondents for re- appointment as Shiksha Sahyogi, so also, it is prayed that the respondents may be directed to pay all back- wages/salary (stipend). In this writ petition, after issuing notice a specific order was made by Coordinate Bench of this Court on 25.1.2008 for payment of salary. This Court specifically ordered that “In view of the urgency expressed by the petitioner as salary has not released inspite of his reinstatement on 1.11.2006, only one week time is granted to learned Dy. Government Advocate to seek instructions and inform the Court about the payment of salary.” 2 Thereafter, this case was listed in the Court on 15.4.2008. On that date, Coordinate Bench of this Court passed an order that “the respondents are directed to make payment of wages for the period commencing from 1.11.2006 to the petitioner by 17.4.2008. However, payment of salary was not paid till 17.4.2008. Again the case was listed in the Court on 21.4.2008. On that date, this Court while observing that no payment of salary has been made to the petitioner, whereby Block Development Officer (Primary Eduction), Panchayat Samiti, Distt. Barmer was directed to remain present in the Court on 23.4.2008. Thereafter, on 25.4.2008, it was pointed out by Dy. Govt. Advocate that salary w.e.f. 1.11.2006 has already been made to the petitioner vide fully-vouched contingent bill dated 22.4.2008. Thereafter, learned counsel for the petitioner sought some time to ascertain the position. On 1.5.2008, as per order of this Court, the Block Development Officer (Primary Education), Panchayat Samiti Siwana, Distt. Barmer appeared before this Court and he was directed to furnish his explanation for not complying with the order passed by this Court in time for payment of salary to the petitioner which was due since 1.11.2006. 3 The Block Development Officer has filed his explanation by way of filing additional affidavit in which it is stated that due to some confusion honorarium (salary) was not paid to the petitioner but now the same has been paid to the petitioner. Further, an unconditional apology has been filed by Block Development Officer for not complying with the orders passed by this Court within stipulated time. Upon perusal of the additional affidavit, it is obvious that there is gross delay in payment of salary which was due since 1.11.2006, so also delay in compliance of the orders passed by this Court. Further, now the payment has been made to the petitioner and an unconditional apology has been filed by the respondents. Therefore, I deem it just and proper to pass an order against the respondent to pay interest @ 6% per annum upon the payment of salary made to the petitioner. The respondents are further directed to pay cost of Rs.5,000/- and petitioner shall be allowed to continue on the said post. With the aforesaid observation/directions, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun