Petitioner withdrew writ petition but claimed unpaid salary for work done under interim court directions. Court dismissed petition as withdrawn but directed State to pay remuneration for the period of work performed.
Respondents directed to pay salary/remuneration for the period petitioner worked under interim directions within four weeks.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 4324/2018
Harshvardan Singh S/o Late Shri Narendra Singh, By Caste Rajput R/o Chak-19Aa, Post 22A, Tehsil Anoopgarh, District Sriganganagar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Tribhuwan Singh. For Respondent(s) : Mr. Utkarsh Singh for Mr. Rajesh Panwar, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
14/11/2018
Learned counsel for the petitioner on instructions seeks
withdrawal of the writ petition, however, it is submitted that for the period the petitioner has worked under the interim directions of this Court, the petitioner has not been paid his salary/ remuneration.
(2 of 2)
[CW-4324/2018]
Learned counsel for the respondent-State submits that as the petitioner has worked under the interim orders of this Court, the petitioner is not entitled to get salary/remuneration.
In view of the submissions made by learned counsel for the petitioner, the petitioner is permitted to withdraw the writ petition.
So far as the submissions pertaining to the non-payment of salary/remuneration for the period the petitioner has worked under the interim orders passed by this Court is concerned, submissions made by learned counsel for the respondents cannot be countenanced, inasmuch as, once the petitioner has performed his duties even if under the interim directions of this Court, he is entitled to payment of amount of salary/remuneration for the said period.
Consequently, the writ petition filed by the petitioner is dismissed as withdrawn. The respondents are directed to make payment of the amount of salary/remuneration for the period the petitioner has worked pursuant to the directions of this Court.
The needful may be done by the respondents within a period of four weeks from the date a certified copy of this order is placed before the respondents.
(ARUN BHANSALI)J.
PKS-429
2 issues framed by the court
Whether an employee is entitled to salary or remuneration for the period worked under interim court directions.
Whether the State is liable to pay unremunerated work done pursuant to interim court orders.
Harshvardan Singh
State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
