State and Others vs Ram Prasad Kabra and Another

Gokal Chand Mital, C.J.—After hearing counsel for the parties and considering the facts of this case, we are of the view that it was not a case in which the State should have come to High Court in a writ petition against the order of the Rajasthan Civil Services Appellate Tribunal. The short point involved in this case was whether Ram Prasad Kabra, who was employeed as an Assistant Teacher Gr. III was to be given benefit of service w.e.f. 16.7.59 or July, 1961. Ram Prasad Kabra was not granted benefit from 16th July, 1959 when he initially joined service on the ground that for two summer vacations he was not allowed to work and that period was treated as break. The Supreme Court held in the case of Rattan Lal and Others Vs. State of Haryana and Others, that such breaks have to be ignored while giving benefits of service to Teachers. This is what precisely has been done by the Tribunal. Accordingly, we find no reason to interfere in the extra ordinary jurisdiction and the writ petition is dismissed with costs which is quantified at Rs. 2500/

We are informed that the poor Teacher has not been given benefit of the order of service Tribunal. If that is so, the Government is directed to comply with the judgment of the Service Tribunal and to make payment of costs imposed within a period of two months from the date of receipt of the copy of this order.