Vimal Chand Vs. State and ors. - Court Judgment

Excerpt:
constitution of india - article 226--payment of dues--petitioner submitted joining and proceeded on leave--not paid salary, t.a. and medical bills--held, all dues be paid to petitioner within 2 months.;the petitioner submitted joining report along with his last pay certificate to the headmaster higher secondary school, geegla on 11-1-1972. thereafter, he proceeded on leave with the permission of the head master, secondary school geegla and rejoined on 1-6-1973. but the headmaster did not pay his salary, t.a. and medical bills. the petitioner again remained on leave upto 31-5-1973 on account of sickness and otherwise.;the respondents are directed to pay all dues of the petitioner according to law and comply with the direction given by the director, education, bikaner vide letter dated 27-12-1988 (ex.25) within a period of two months from today.;order accordingly. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. a.k. mathur, j.1. the petitioner by this writ petition has prayed that the respondents may be directed to make payment of the dues of the petitioner with effect from 1-6-1973 with all consequential benefits.2. the petitioner was appointed as assistant teacher in primary school, bundi under the service of the state of rajasthan vide order dated 6-9-1951 by the inspector of school, bundi, which he joined on 21-7-1951. thereafter the petitioner was posted as l.d.c. by the dy. director of education, udaipur kota ranga, udaipur vide order dated 9-7-1954, which the petitioner joined in the office inspector of schools, bundi. the petitioner was thereafter confirmed on the post of l.d.c. w.e.f. 9-1-1952. he was also selected for educational statistics training course. the petitioner was thereafter transferred to the cooperative department and posted at bundi by the order dated 16-5-1985. the petitioner was thereafter promoted to the post of u.d.c. w.e.f. 1-2-1959 in the cooperative department. the petitioner was then transferred to kota chambal dam by the order dated 12-7-1963 and he joined the duties on 1-8-1963. the petitioner was reverted to his parent department on account of abolition of posts in the project. however, the director of education refused to take the petitioner back and directed him to join at the chambal dam, kota vide order dated 9-12-1971. the petitioner rejoined the chambal project on 23.10.1971 and kept awaiting for posting order by the special order of secretary irrigation department, rajasthan, jaipur. he got his salary from 21-10-1971 to 31-12-1971 vide order of the government from chambal project. it is alleged that eventually after correspondence between the two departments i.e. irrigation and education, the petitioner was finally relieved from chambal project on 31-12-1971, and joined the office of the deputy director education, udaipur kota range, udaipur for further posting orders as u.d.c. (surplus) from the chambal project kota. copy of the order dated 22-12-1971 has been placed on the record as annex. 18. the deputy director of education respondent no. 3 posted the petitioner as u.d.c. at the government secondary school, geegla - udaipur by the order dated 10-1-1971. in pursuance of this order the petitioner submitted joining report along with his last pay certificate to the headmaster higher secondary school, geegla on 11-1-1972. thereafter, he proceeded on leave with the permission of the head master, secondary school geegla and rejoined on 1-6-1973. but the headmaster did not pay his salary, t.a. and medical bills. the petitioner again remained on leave upto 31-5-1973 on account of sickness and otherwise. it is alleged that the petitioner also approached various authorities but without any result and finally the petitioner went on dharna before the office of the director education who vide letter dated 27-12-1988 directed the deputy director education, udaipur for deciding the matter and making payment to the petitioner. copy of this letter has been placed on the record as ex.25. but still the petitioner did not get any relief. therefore, the petitioner has approached this court by filing the present writ petition.3. notices were issued to the respondents and time was given to the government advocate to file reply from time to time, but inspite of several adjournments, on reply has been filed.4. looking to the facts and circumstances of this case, the respondents are directed to pay all dues of the petitioner according to law and comply with the direction given by the director, education, bikaner vide letter dated 27-12-1988 (ex.25) within a period of two months from today.5. the writ petition is accordingly disposed off.