- (1.) The petitioner, Dr. Kamlesh Kumar Kaswan, has filed this writ petition in this Court on 04.07.2012 with the following prayers: - "It is, therefore, most humbly and respectfully prayed that by appropriate writ, order or direction: - i) That the last part of the order dt. 20.03.2012 Ex.2 by which the period of termination has been counted as Dies-non, may kindly be quashed with all consequential benefits. ii) That non-petitioner concern may kindly be directed to pay the salary of the period which is 25.12.11 to 31.03.12 with interest to the petitioner. iii)Any other appropriate order or direction which is deemed just, proper and fit in the facts and circumstances of the case may kindly be also passed in favour of the petitioner. iv)Cost of the petition may kindly be awarded."
(2.) By order (Annex.1) dated 20.12.2011, the petitioner was dismissed from the service with immediate effect on the alleged ground that the petitioner along with a large group of members of Rajasthan Medical Service and Rajasthan Rural Medical Service, have indulged and still continued to indulge in acts of insubordination and indiscipline, dereliction of the duty by absenting from the duties wilfully and deliberately and thus violating the relevant Conduct Rules.
(3.) However on a review petition filed by the petitioner, his Excellency the Governor allowed the review petition by the order (Annex.2) dated 20.03.2012 and setting aside the earlier punishment order dated 25.12.2011 directed the reinstatement of the petitioner back in service and thus after a period of about 3 months the petitioner was actually reinstated on 21.03.2012. While passing the said order of reinstatement, the period of absence between 25.12.2011 to 20.03.2012 was, however, directed to be treated only as 'dies-non' (XXX XXX XXX) and continuity of the service for the said period was only treated as as continuity in service but not for other purposes. In other words the petitioner was not paid any salary for the aforesaid period of 3 months before his reinstatement in pursuance of the said order (Annex.2) dated 20.03.2012.;