Raj HC | Respondent not to absolve itself from responsibility when interim order passed by court; payment of salary to be made till interim order continues

Rajasthan High Court:  Ashok Kumar Gaur, J., allowed the application on the ground that so long the interim order was passed by the court the respondent can not absolve itself from the responsibility of payment of salary to the petitioner.

An application was made by the petitioner for seeking direction against the respondents to release monthly salary. 

Narendra Kumar Meena, counsel for the petitioner submitted that the court had passed an interim order and directed the respondent to allow the petitioner to continue on the post of Security Guard. The petitioner thus joined the service as per the court’s order and was working continuously till date. It was submitted that in spite of continuous working of the petitioner the salary was not being released by the respondents. Thus, the application. 

Sandeep Kalwaniya, counsel for the respondent submitted that the contract period of the petitioner had already been expired and thus the respondent was not responsible to make any payment to the petitioner. 

The court after the submission of the parties held that order was passed by the court giving direction to the petitioner to continue on the post of a security guard and thus the respondent was liable to pay the salary to the petitioner same as he was getting on the date of the termination of the service. The court further held that if the decision of the not engaging any security guard in the office was taken by the respondent the same should be apprised to this court by filing an affidavit. Thus the court allowed the application and directed to “make payment of the salary to the petitioner directly from the date of his joining till date and payment will also be made on month to month basis till the interim order continues”.[Ramavtar Bunkar v. State of Rajasthan,  2019 SCC OnLine Raj 822, decided on 09-05-2019]

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