Hon'ble WAS, J.- - (1.) IN this writ petition, following prayer has been made 40 by the petitioner : "(a) record of the case may kindly be called for and Hon'ble Court may pleased to issue a writ of mandamus and/or a writ in the nature of mandamus or any other appropriate writ the order dtd. 28.3.2003 may kindly be quashed with all consequential benefits, (b) respondents be directed to consider the case of petitioner for regularization, (c) during the pendency of the writ petition petitioner should be taken back on duty and he should be paid salary month by month, (d) respondents should also be directed to pay interest @ 12% on dues amount, (e) by an appropriate writ, order or directions, any other relief which is deemed fit in the facts and circumstances of this case may kindly be granted in favour of the petitioner. (f) costs of this writ petition may kindly be awarded in favour of the petitioners."
(2.) AS per facts of the case, the petitioner was appointed as Class IV employee on part-time basis in the Primary School, Rajaji-ka-Khera, Panchayat Samiti, Mandal (District Bhilwara) vide order dated 01.01.1975. On 11.04.1989, the Govt. Primary School, Rajaji-ka-Khera was upgraded but the administrative control over the said school remained with the Panchayat Samiti. The administrative control of the school was taken over by the State Government in the month of April 1991 and all the staff of the school were taken over by the State Government and they were absorbed in the" government service but the State Government did not absorb the services of the petitioner though the petitioner was allowed to continue as Class IV employee in the said school even after April 1991. Case of the petitioner is that the petitioner was allowed to work but payment of salary was made by the Panchayat Samiti, Mandal up to 16.05.1992. Thereafter, neither the State Government nor the Panchayat Samiti made payment of salary to the petitioner. So also, the services of the petitioner were not regularized although he was performing the duties as Class IV employee in the school since 01.01.1975. Contention of the petitioner is that he was discharging the same duties and functions as being discharged by other regular Class IV employees, therefore, he was entitled for payment of salary for the post of Class IV employee, so also, he was further entitled for regularization of his services; but, neither the petitioner was paid salary after 16.05.1992 nor his services were regularized. In the above circumstances, the petitioner preferred a writ petition 35 before this Court which was registered as S.B. Civil Writ Petition No.4680/1992, in which, the coordinate Bench of this Court issued following directions : "In the result, the writ petition, filed by the petitioner, is allowed and the District Education Officer, Bhilwara, is directed to make payment of salary to the petitioner in the regular pay scale applicable to the post of Class IV employees since the date of filing the writ petition, i.e., August 31, 1992. The arrears of salary should be paid to the petitioner within a period of one month from today and in future, he should be paid salary in the regular pay scale month by month. If the arrears of salary are not paid to the petitioner within a period of one month from today then the petitioner shall be entitled for interest @ 12% per annum from the date the same became due." In pursuance of the said judgment rendered in S.B. Civil Writ Petition No.4680/1992, dated 27.01.1994, the petitioner was paid salary up to 30.09.1994. On 01.10.1994, the District Education Officer relieved the petitioner and directed him to join in the office of Vikas Adhikari, Panchayat Samiti Mandal. The Vikas Adhikari, Panchayat Samiti Mandal vide order dated 03.10.1994 directed the petitioner to join in the office of District Education Officer for the reason that no post of Class IV employee was vacant in the Panchayat Samiti Mandal. Being aggrieved and dissatisfied with the order dated 01.10.1994 10 passed by the District Education Officer and, so also, order dated 03.10.1994 passed by the Vikas Adhikari, Panchayat Samiti, Mandal, the petitioner preferred second writ petition before this Court for seeking direction to the respondents to take him on duty. Said writ petition filed by the petitioner was registered as S.B. Civil Writ Petition No. 180/1994, in which, on 18.01.1995, following order was passed : "By an order dated 1.10.94 the Distt. Education Officer, Primary education, Bhilwara relieved the petitioner and directed him to report to Vikas Adhikari Panchayat Samiti Mandal after getting him pain in accordance with directions issued by this Court in S.B. Civil writ petition No.4680/92 decided on 27.1.94. The petitioner in compliance of this order went to Vikas Adhikari Panchayat Samiti, mandal and reported for duty. On 3.10.94, the Vikas Adhikari returned the original order to the Distt. Education Officer for the reason that no post of Class IV employee was vacant in the Panchayat Samiti and, therefore, it was not possible to take the petitioner on duty. The petitioner again returned to the Distt. Education Officer and on 3.10.94 itself reported back for duty. Since then, he is not being taken on duty at either place. On 1.12.94, the petitioner's counsel issued a notice for demand of justice, which has also remained unresponded. In these circumstances, it is directed that the petitioner shall be taken on duty by the Distt. Education Officer, Primary Education, Bhilwara and shall be paid salary as has been paid for period up to 30th Sept. 94 until further orders, as the petitioner's service has not been terminated by following any process of law."
(3.) UPON perusal of the aforesaid order, it is abundantly clear that on 18.01.1995 co-ordinate Bench of this Court specifically directed the District Education Officer, Bhilwara to take the petitioner on duty and pay salary to him with effect from 01.10.1994. In pursuance of the above judgment, the District Education Officer passed order on 03.04.1995, whereby, Head Master, Government Upper Primary School, Kareda was directed to take the petitioner on duty; but, unfortunately, the respondent Department issued show cause notice to the petitioner why his services may not be terminated. In the compelling circumstances, again, the petitioner preferred third writ petition before this Court which was registered as S.B. Civil Writ Petition No.2898/1995. Said writ petition was transferred to the Rajasthan Civil Services Appellate Tribunal and, after transfer, the Tribunal registered the said appeal as Appeal No.498/1999. Another appeal was filed by the petitioner before the Rajasthan Civil Services Appellate Tribunal for payment of salary which was registered as Appeal No.337/1999. Both the above appeals, Appeal No.498/1999 and Appeal No.337/1999, were heard together and finally the Tribunal, Circuit Bench, Jodhpur adjudicated both appeals on 19.12.2001, in which, following order was passed: Upon perusal of the above order of the Tribunal passed in aforesaid appeals, dated 19.12.2001, it is revealed that the Tribunal took serious note of the fact that for no reason or no fault on the part of the petitioner, the respondents are harassing the petitioner and they have not paid salary to the petitioner for last five years. Further, it is observed that for the dispute between the departments the petitioner cannot be made to suffer, therefore, the Tribunal passed order for payment of salary along with 18% interest. ;