IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.8600/02 Kailash Harijan vs. State & Ors. Date of order : 6/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.K. Bhatt for the petitioner. Shri Hemant Gupta, Additional Government Counsel for the State. ****** This writ petition raises a very strange dispute as petitioner who belongs to schedule caste category and harijan by caste, was appointed as Class-IV employee on daily wage basis. He was eventually granted the regular pay scale by order of the respondents dated 18.5.1994. His services were subsequently regularised as Class IV employee by order of the District Education Officer, Jaipur-I, Jaipur dated 30.11.1995. Subsequently, he was posted by order dated 14.12.1995 in Government Secondary School, Kanota in District Jaipur. When the petitioner went to join, the Headmistress of the Government Girls Upper Primary School, Kanota, where he was presently posted did not relieve the petitioner on the pretext that she has not received the order of his regularisation and fresh posting by way of transfer. The petitioner was eventually relieved by order dated 25.2.1997 but when the petitioner went to join at the Government Secondary School, Kanota, this time also he was not allowed to join his duties. The petitioner was made thus to run from post to pillar and pillar to post and eventually he engaged Shri Dheeraj Sangot, Advocate who prepared a writ petition on his behalf but unfortunately, as stated by the petitioner, that writ petition was never filed. Even though, he kept on pursuing the matter, separately, the petitioner made various representations to the respondents and made efforts to allow him to join at the Government Secondary School, Kanota and ultimately when he was not permitted to join, he filed the present writ petition in the year 2002. This Court on various dates required the respondents to indicate the place where the petitioner can join, but that was not done. The respondents in their reply to the writ petition have rather corroborated what the petitioner is asserting. They have in para 4 pleaded that the petitioner has not been relieved despite the orders, therefore, the special messenger was sent and explanation of the Head Mistress was called for not relieving the petitioner and copy of the posting order dated 30.11.1995 was also sent to the Head Mistress. Mr. Ashok Pareek, UDC, was sent as special messenger on 24.2.1997. The Head Mistress received that order on 25.2.1997 and it was on their persuasion that eventually the petitioner was got relieved on 25.2.1997. The explanation of the Head Mistress was also received in the office of the District Education Officer on 28.2.1997 in which she expressed that posting order has not been received by her prior to 24.2.1997 and she had also written several letters to the District Education Officer but no guidelines or instructions were received by her, therefore, the petitioner could not be relieved. Side by side, the respondents in reply to the writ petition have also pleaded that the petitioner was sent certain letters to join and he was himself guilty for not joining and not appraising the authorities the matter for a long time. The writ petition is not maintainable because of delay is what is also pleaded by the respondents. On examination of the narrated fact situation, I find that the above referred to circumstances have given rise to a strange situation. Though the petitioner has been regularised in the services of the respondents and given posting, but in the first place, he was not relieved for joining after two years and thereafter when he was relieved, he was not allowed to join. The petitioner has not been working anywhere all this time and strangely if the respondents considered the petitioner as absent, there was nothing which prevented them to do so. Learned counsel for the parties have informed this Court that so far as no disciplinary action has been initiated against the petitioner which again corroborates his plea that he has not been allowed to join so as to make all the efforts. The petitioner was lastly relieved from Government Girls Upper Primary School, Kanota on 25.2.1997 and till now he has not been allowed to join anywhere. In effect this means that the petitioner has not been working for the last eleven and half years with the respondents. However, at the same time the fact remains that the respondents having not taken any action against him, he will be deemed to have continued in service and the relationship of master and servant between the petitioner and the respondents would still subsist all this time. The controversy can be resolved only by now directing the District Education Officer Secondary consequently to give a fresh posting to the petitioner and requiring the petitioner to report the District Education Officer, Jaipur within a period of fortnight and the District Education Officer, Secondary, Jaipur is directed to give posting within fortnight thereafter. The petitioner shall not be entitled to any actual benefits for the intervening period but would be only entitled to notional benefits. He shall make an application to the respondents to regularise such period of grant of leave of the kind that may be due to him and in the event of no leave being available in his count, by grant of extraordinary leave in accordance with the relevant rules. The writ petition is disposed of with the aforesaid directions. (MOHAMMAD RAFIQ), J. RS/