1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2449/1995 Smt. Roshni Devi vs. State & Ors. Date of order : 26/3/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed with the prayer that the respondents be directed to fix the petitioner in the pay scale of Lady Health Visitor consequent upon her promotion with effect from 1.1.1987 and release all consequential benefits with effect from 7.11.1987 till the date including pay, leave benefits, seniority and annual grade increments, revision of pay etc. Although no one has appeared for the petitioner, but on perusal of pleadings of the petition, it appears that for some time in the year 1987, there was some dispute between the petitioner and the Medical Officer/ Incharge of the Primary Health Centre, Kotkhawda where the petitioner has been posted, relieved her to join the duties before respondent no.2. The respondent no.2 2 reverted the petitioner back to the Incharge, Primary Health Centre, Kotkhawda. However, he did not allow the petitioner to join the duties. The petitioner thereafter filed many representations, but when nothing was done, he approached this Court by filing the S.B. Civil Writ Petition No.6848/1994 which was decided on 11.1.1995 with direction to the respondents to allow her to join the duties again at Kotkhawda. Petitioner then joined the duties on 18.2.1995. It appears that due to such dispute, certain dues of the petitioner were not paid. Petitioner contended that she was entitled to get the salary from 1.10.1987 because she was always willing to work and it was on account of illegal order passed by the In charge that she could not perform the duties. No reply to the writ petition has been filed despite the fact that the notice of the writ petition was issued to the respondents as back as on 31.7.1995. In the facts of the case, this writ petition is allowed in part with direction to the respondents to regularise the period of absence of the petitioner by grant of 3 leave as may be due in her account and if it is already been regularised earlier thereby treat the period of her absence for the intervening period as on duty for all purposes. The respondents shall also consider the demand of the petitioner if any pay, leave benefits, seniority and annual grade increments, revision of pay etc. are due, the same shall be granted to her by making fresh pay fixation consequent upon her promotion on the post of Lady Health Visitor if it is not already been made, within a period of three months from today. A copy of this judgement is endorsed to the petitioner for information. (MOHAMMAD RAFIQ), J. RS/