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2025 DAILYLAW 30966 (RAJ)

SANT RAM SHARMA v. STATE OF RAJ AND ORS

CW/9724/2017 · 2025-02-27

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:8743] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9724/2017 Sant Ram Sharma @ Sant Kumar Sharma S/o Shri Rukamkesh Sharma, aged 37 years, Resident of Old Market, Near Jain Temple, Ward No. 17, Mahuwa, District Dausa. ----Petitioner Versus 1. The State of Rajasthan, through the Principal Secretary, Local Self Department, Jaipur. 2. Commissioner, Rural Development & Panchayati Raj Department, Jaipur. 3. Director, Local Bodies, Jaipur. 4. Executive Officer, Nagar Palika, Mahuwa, District Dausa. 5. Sarpanch, Panchayat Samiti Mahuwa, District Dausa ----Respondents For Petitioner(s) : Mr. Karanpal Singh For Respondent(s) : None Present JUSTICE ANOOP KUMAR DHAND Order 27/02/2025 1. Matter comes up on an application (IA No.01/2024) seeking a direction against the respondents to pay the due salary to the petitioner. 2. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant (Class-IV) in Gram Panchayat, Mahuwa in the year 2010 and he was continuously working on the said post but in the meantime, the respondents wanted to discontinue his services and hence, under these circumstances, the petitioner approached this Court by way of filing of the instant petition, wherein, while issuing notices to the [2025:RJ-JP:8743] (2 of 3) [CW-9724/2017] respondents, this Court passed an interim order dated 19.07.2017 directing the respondents to allow the petitioner to perform his duties and a further direction was issued to the respondents to release his salary. Counsel submits that in the month of December, 2023, the respondents have stopped making payment of salary to the petitioner without any justified reason. Counsel submits that the minor son of the petitioner who is of the age of two and half years is admitted in the SMS Hospital and the petitioner is in the dire need of money for providing treatment of his ailing son, hence, under these circumstances, appropriate orders be passed. 3. None has put in appearance on behalf of the respondents. 4. This Court directed the respondents on last occasion i.e. 18.02.2025 to apprise the reasons for none payment of salary but the counsel appearing on behalf of the respondents sought time to complete his instructions and at his request, the case was posted for today. But today none has put in appearance on behalf of the respondents. 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that no counter to the argument of the petitioner has been given by the respondents and no justified reasons have been provided for stopping the salary of the petitioner, the instant writ petition stands disposed of by issuing direction to the respondents to release the due salary of the petitioner forthwith, without any further delay, within a period of 15 days from the receipt of certified copy of this order. 6. It is made clear that in case, the order passed by this Court is not complied with by the respondents within the above [2025:RJ-JP:8743] (3 of 3) [CW-9724/2017] stipulated time, the Principal Secretary, Local Self Department, Jaipur is directed not to release the salary of the respondent Nos. 2, 3 & 4, till further orders, without seeking prior permission of this Court. 7. In case, the Principal Secretary, Local Self Department, Jaipur fails to comply with this order, the Chief Secretary, State of Rajasthan is directed to withheld his salary and the same should not be released without prior permission of the Court. 8. Stay application as well as all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Garima/351