Babu Singh Rathore v. State) Date of order & Ors.

O R D E R S.B. CIVIL WRIT PETITION NO.7285/2006 (Babu Singh Rathore Vs. State & Ors.) Date of order : 28.5.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Shyam S. Khatri, for the petitioner. Mr. Shyam Ladrecha, Govt. Counsel. In this case, the petitioner is claiming salary for the period commencing 3.7.2002 to 3.3.2005. It is contended by the learned counsel for the petitioner that after providing appointment to the petitioner on the post of Shiksha Sahayogi, he joined his duties and worked upto 3.3.2005 and thereafter he left the job because he was selected on another post. By way of filing reply, it is contended by the respondents that the contention of the petitioner is totally false, he was not allowed to join on the post of Shiksha Sahayogi because the person who was 2 already working on the post preferred a writ petition in which a stay order was passed by this Court. Further, it is submitted that the petitioner was erroneously provided appointment without post and he was not allowed to join duties due to stay order passed by this Court and the respondents were under obligation to comply with the directions issued by this Court in SB Civil Writ Petition No.2263/2002 filed by one Hari Prasad, who was working on the post of Shikha Shayogi, the post upon which the petitioner is claiming that he worked. In this view of the matter, the disputed question of fact with regard to joining of the petitioner and working of the petitioner on the post in question is involved in this case, therefore, I am not inclined to interfere in this case under Article 226 of the Constitution of India. However, the petitioner is free to seek remedy by way filing an application in the aforesaid writ petition filed by Hari Prasad for claiming his right on the post in question. With the aforesaid observation, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J.