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2025 DAILYLAW 13410 (RAJ)

SHALABH TANDON v. STATE OF RAJ AND ORS

CW/2234/2008 · 2025-02-17

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:6913] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2234/2008 Shalabh Tandon Son of Sh. S.K. Tandon Junior Engineer at Panchayat Samiti Bheem, District Rajsaman, Devi Niwas Kala Bagh, Ajmer ----Petitioner Versus 1. State of Rajasthan through Chief Secretary, Secretariat, Jaipur 2. Director, Water Shed and Soil Conservation Department, Krashi Panth Bhawan, Jaipur 3. Block Development Officer, Panchayat Samiti, Bheem, District Rajsamand ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Aditya Sharma on behalf of Mr.Kesar Singh Shekhawat, Addl.GC. JUSTICE ANOOP KUMAR DHAND Order 17/02/2025 1. By way of filing this petition, a prayer has been made for issuing direction to the respondents to pay salary to the petitioner with effect from March, 2007. 2. None has put in appearance on behalf of the petitioner. 3. At the outset, learned counsel for the respondents apprised this Court that the due salary of the petitioner from the month of March, 2007 till May, 2008 has already been paid to him, i.e., Rs.1,73,972/- vide cheque No.128755 dated 08.07.2008. Counsel submits that on account of lack of funds, the due salary was not paid to the petitioner, but subsequently, the same was paid, hence under these circumstances, no further cause of action survives [2025:RJ-JP:6913] (2 of 3) [CW-2234/2008] with the petitioner to continue with this petition and thus it is liable to be rejected. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the record indicates that the due salary of the petitioner with effect from March, 2007 till May, 2008 was not paid to the petitioner by the respondents and finally, the same was paid to him on 08.07.2008 by way of Banker’s Cheque. Unnecessary delay has been caused by the respondents in releasing the due salary to the petitioner, this Court finds no substance in the arguments of the respondent-State that due to lack of funds, his salary could not be released. The respondent is a Mighty State and such excuse is not available to the Mighty State. Government is bound to release salary to all its employees within time, but herein in the instant case, the salary of the petitioner was delayed for a period of more than 15 months and the explanation furnished by the State for such delay is not satisfactory. 6. In view of the above, the petition stands disposed of with direction to the respondents to pay the interest on the due salary to the petitioner @ 9% p.a. within a period of three months from the date of receipt of certified copy of this order. 7. Since the petitioner has remained unrepresented before this Court, he is not aware of passing of this order, Office is directed to send a copy of this order to the residential address of the petitioner mentioned in the memo of cause title for intimation/ information. [2025:RJ-JP:6913] (3 of 3) [CW-2234/2008] 8. Stay application and all other application(s), pending if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/64