KESHOTE, J. - (1.) THE petitioner who is a retired employee of Medical & Health Department of Govt. of Raj. by this petition under Article 226 of the Constitution of India is praying for the following relief:- " (ii) by issuing a writ in the form of mandamus of any other appropriate writ, order or direction to implement the order & Judgment of Service Tribunal in appeal No. 575/82:- (a) promote the petitioner on the posts of Office Superintendent Gr. II from 2. 8. 1972, Office Superintendent Gr. I from 18. 10. 1975; (b) make payment of aforesaid deducted amount of House Rent Allowance and City Compensatory Allowance with interest; (c) pay the amount towards compensation for mental agony, financial loss and loss of self prestige and social status; (d) give other consequential benefits including pensionary benefits to the petitioner; (e) cost of writ petition may also be awarded; and (f) Any other relief which the Hon'ble Court deems just and proper in the interest of justice be also allowed. "
(2.) THE petitioner filed an Appeal No. 575/82 with the Rajasthan Civil Services Appellate Tribunal which was decided on 16. 12. 1982. THE operative part of the judgment of the Tribunal in the appeal filed by the petitioner, reads as under:- "we therefore, accept the appeal party and order that the appellant be given arrears of pay and allowances as office Assistant with effect from 27. 10. 1971. He may also be given promotions to the higher posts of Office Superintendent Grade II, O. S. Grade I and Administrative Officer, if found suitable, from the date that his juniors were so promoted with all consequential benefits. Two months time is given to implement this order. " The State Government as usual has not made compliance with the order of the Tribunal within the time specified in the judgment and the petitioner filed contempt Petition No. 262/84 before the Tribunal which was referred to this Court. In this contempt petition on 6. 5. 1985 the then Govt. Advocate on behalf of the respondents had assured and gave an undertaking that the order of the Tribunal shall be complied in toto within four months from 6. 5. 1985. On the basis of this assurance made and undertaking given the contempt petition was dismissed by the Court. The order of the Tribunal was not fully complied with and the petitioner had to submit again the contempt petition which was registered as S. B. Second Contempt Petition No. 104/86 and same was came to be disposed of by the Court on 18. 5. 1987 in view of unqualified apology and assurance for implementation of order of the Tribunal tendered. On 3. 7. 1987 the State Government passed an order in purported compliance of the order of this Court dt. 18. 5. 1987. The petitioner was promoted as Office Superintendent Grade II from 27. 11. 1975, Office Superintendent Grade I from 8. 2. 1978 and Administrative Officer from 21. 6. 1979. These promotions were given to the petitioner as alleged, with effect from the date on which his junior Jagannath Sharma have been promoted. The consequential benefits of difference of salary and allowances were ordered to be paid to the petitioner by drawing it against the post of Administrative officer in Family Planning Bureau, Barmer which remained vacant for the period to which the petitioner's claim related. However, the petitioner was not given House Rent and City Compensatory Allowances were admissible in the city of Barmer. It is not in dispute that throughout the period in dispute, the petitioner was remained posted at Jaipur. There is also no dispute that under these two heads Rs. 5,737. 95 paisa have been deducted by the Govt. form the amount of consequential benefits paid to the petitioner. The petitioner for the relief of promotion on the post of Office Supdt. Gr. II, Office Supdt. Gr. I and further relief of interest on the consequential monetary benefits and for realization of deducted amount of Rs. 5,737. 95 paisa submitted third contempt petition bearing SB Misc. 3rd Contempt Petition No. 319/98 which was decided by this Court on 21. 8. 1999. This Court had observed that it will be open to the petitioner to agitate all those points which he has raised before this Court, in any other proceedings, if they are ever filed. Hence, this petition. In this petition, the petitioner grievanced that he should have been given the promotional benefits with reference to the dates on which his junior Daulat Singh Mehta was promoted. The second grievance made by the petitioner is for realization of deducted amount of Rs. 5,737. 95 paisa. Heard learned counsel for the parties. Reply to the petition is not filed by the respondents. So the facts stated in the petition stands uncontroverted. The aforesaid tow claims of the petitioner are to be considered and decided separately.
(3.) THE first claim is in regard to promotion on the post of OS Gr. II from 2. 8. 1972 and OS Gr. I from 18. 10. 1975. THE petitioner has been given promotion in pursuance of the order of the Tribunal on the post of OS Gr. II from 22. 11. 1975 and on the post of OS Gr. I from 8. 2. 1975. THEse promotions were given to the petitioner with reference to the dates on which his junior jagannath Sharma was promoted. THE petitioner is claiming the benefits of these promotions from the date on which Daulat Singh Mehta was promoted. So far as the post of Administrative Officer is concerned on which both. Daulat Singh Mehta and the petitioner was promoted on the same date i. e. 21. 6. 1979. This claim of the petitioner deserves no acceptance as the same stands concluded under the order of this Court dated 18. 5. 1987 made in SB Second Contempt Petition No. 104/86. Before this Court in the aforesaid contempt petition, the petitioner claimed the benefits of the promotion on the post of OS Gr. II and OS Gr. I from the date on which his junior Jagannath Sharma was promoted. This claim of the petitioner has been accepted by the Court and now it is not open to the petitioner to go beyond this order. Once the petitioner himself has claimed this benefit of promotion with reference to the date from which jagannath Sharma was promoted and that claim has been accepted by this Court, he cannot now be permitted to take the somersault and to lodge this claim from the dates on which Daulat Singh Mehta was promoted. THE petitioner's case to this extent is not bonafide. What the petitioner is claiming today in regard to his entitlement, he should have prayed the same before this Court and the very fact that this has not been claimed by the petitioner before this Court goes to show that for this, he was not entitled. THE petitioner being the Govt. servant has to act as law abiding citizen and not as a person to make the claim for the benefits which were not claimed earlier. This claim of the petitioner for promotion on the post of OS Gr. II w. e. f. 2. 8. 1972 and OS Gr. I w. e. f. 18. 10. 1975 is not tenable and accordingly it cannot be granted. So far as the claim of the petitioner in regard to House Rent and City Compensatory Allowance, it deserves acceptance. Having heard learned counsel for the parties and going through the document Annexure-9 at page 41, I am satisfied that this approach of the respondents not to pay the petitioner House Rent and City Compensatory Allowance, is wholly perverse. In fact, the officer of the State Govt. which is a welfare State has acted highly arbitrary in the matter. The petitioner is not concerned against which post or from which place his salary had been drawn for making the payment thereof to the petitioner. It is the internal matter of the Govt. It is not in dispute that throughout the period in dispute the petitioner was posted at Jaipur. The petitioner had remained at Jaipur is undisputed and he is entitled for the House Rent Allowance and City Compensatory Allowance. To implement the decision of this Court dated 18. 5. 1987 made in SB 2nd Contempt Petition No. 104/87, the salary and other benefits being drawn for the post, was lying vacant at Barmer. The document Annex. 9, reads as under:- "in view of the decision of the Hon'ble High Court dated 18. 5. 1987 in the contempt petition No. 104/87, Shri Umaid Mal Jain vs. Shri Rama Kant Sharma Ex-Secretary to Govt. Medical and Pub. Health Deptt. Rajasthan Jaipur and others, Shri Umaid Mal Jain Ex-Office Superintendent being senior to Shri Jagannath Sharma presently working as Administrative Officer under Family Welfare programme is hereby considered to be promoted as Office Superintendent Gr. II from 22. 11. 1975, Office Superintendent, Gr. I from 8. 2. 1978 and Administrative Officer from 21. 6. 1979 on Ad hoc basis. The payment of arrears of pay etc. will be made to the incumbent after adjustment of previous payment already made to him. Since one post of Administrative Officer in Family Planning Bureau Barmer remained vacant during the above period, the due claim of Shri Umaid Mal Jain as above will be drawn against the vacant post of Administrative Officer under the Distt. Family Planning Officer (Now Dy. C. M. H. O.) Barmer and the payment will be drawn by the State Family Welfare Bureau, Head Quarters. " ;