Vishnu Kanta Ojha vs State of Rajasthan

Vijay Bishnoi, J.—The petitioner has filed this writ petition, while praying for following reliefs:

"(A) The respondents may kindly be directed to pay salary due to the petitioner from June, 2000 to October, 2000 along with fixation and arrear of 5th Pay Commission from 1.1.1997 to 31.3.2000.

(B) The respondents may kindly be directed to pay arrears due on revised pay scale from 1.7.1998 to 31.10.2000 plus DA from 1.7.1998 to 31.10.2000 with interest.

(C) The respondents may further be directed to pay D.A. on basic pay from 1.1.2000 to 31.10.2000 and gratuity amount Rs. 107813/- with interest at the rate of 18% per annum.

(D) Writ petition may kindly be allowed with cost.

(E) Any other appropriate relief which this Hon''ble Court deems just and proper in the facts and circumstances of the case, in favour of the petitioner, may kindly be granted."

Brief facts of the case are that the petitioner was initially appointed as Teacher at School-Tilak Bal Vidhya Peeth, Jodhpur on 01.07.1975 and after completion of 25 years of service, she sought voluntary retirement from service and the respondent No. 3 issued an order dated 31.10.2000, whereby the petitioner was retired from service. The petitioner has claimed that despite several requests made by her the dues, such as gratuity and other emoluments, have not been paid to her. She submitted several representations to the respondent No. 3 but no relief has been granted to the petitioner, therefore, she has filed this writ petition.

In response to the notice issued by this Court, the respondent Nos. 1 and 2 Director, Primary Education and the District Education Officer, Jodhpur respectively filed reply to the writ petition, where in para No. 1, it is stated that the petitioner has claimed all the reliefs against the employer i.e. respondent No. 3 - Tilak Bal Vidhya Peeth, Jodhpur and the respondent Nos. 1 and 2 are not liable to pay the amount demanded by the petitioner. Para No. 1 of the reply to the writ petition, filed on behalf of respondent Nos. 1 and 2, reads as under:

"1. That by this writ petition the petitioner has sought for relief seeking a direction in the name of the respondents to pay salary due to the petitioner from June 2000 to October, 2000 along with fixation and arrears of 5th Pay Commission from 1.1.1997 to 31.3.2000 and she has further prayed for a direction to pay arrears due on revised pay scale from 1.7.98 to 31.10.2000 plus D.A. from 1.7.98 to 31.10.2000 and has further prayed for DA on basil pay from 1.1.2000 to 31.10.2000 and gratuity amount with interest.

In this regard, it is submitted that all these reliefs can be prayed for against the employer i.e. non petitioner No. 3, therefore, the answering respondents have wrongly been dragged in this litigation and the writ petition deserves to be dismissed qua the answering respondents. The answering respondents are not liable to pay the amount demanded by the petitioner as all these payments are to be made by the employer i.e. non petitioner No. 3."

No reply in response to the notice has been filed by the respondent No. 3-School Tilak Bal Vidhya Peeth, Jodhpur.

In para No. 11 of the writ petition, the petitioner has claimed that total due amount to the petitioner is Rs. 2,48,082/-. Para No. 11 of the writ petition is quoted hereunder.

"11. That the petitioner was paid P.F. amount on 31.10.2000, the amount being Rs. 1,10,286/-, this is the only amount which petitioner has been paid since her retirement. The amount of arrear due to petitioner for the period January, 1997 to October, 2000 is Rs. 91,969/- and the gratuity amount pay plus D.A. 6250 + 2375 = 8625 x 12-1/2 = Rs. 1,07,813/-. The total amount due to the petitioner is; 48300 + 91969 + 107813 = Rs. 2,48,082."

Learned counsel for the petitioner has argued that total amount of Rs. 2,48,082/- has not been paid to the petitioner by the respondent No. 3 though she is entitled for the same as per law.

Learned counsel for respondent No. 3 has contended that respondent-school will consider the representations of the petitioner dated 01.08.2000 and 08.1.2001 and will decide the same within a fixed period.

Heard learned counsel for the rival parties and perused the material placed on record.

It is not in dispute that the petitioner was retired from the post of Teacher on 31.10.2000 and the dues claimed by her have not been paid by the respondent No. 3 till date. When the due amount has not been paid to the petitioner, she was compelled to file this writ petition. The writ petition is pending before this Court since 2001 and till date, the respondent No. 3-School has not disputed the claim of the petitioner regarding due amount either by filing reply to the writ petition or during the course of arguments. In such circumstances, this writ petition filed by the petitioner is allowed. The respondent No. 3 is directed to make payment of due amount of the petitioner, as mentioned in para No. 11 of the writ petition, along with interest @ 6% per annum within a period of two months from the date of receipt of certified copy of this order.

No costs.