The Rajasthan High Court recently expressed deep shock and serious concern over the State government’s failure to comply with a court order passed nearly a decade ago, directing payment of leave encashment to retired employees. The bench of Justice Anoop Kumar Dhand strongly criticized the delay and called it a "contemptuous act", stating that such behavior erodes public trust in the judicial system.
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"This Court is constrained to observe that the instant case is a classic and glaring textbook example of obstination exhibited by the State officials, who consider themselves to be above and beyond the reach of law," remarked Justice Dhand.
The petitioners in the case were retired employees of Badhit Bal Vikas Samiti, a fully State-aided institution. Their services were absorbed by the government in 2013 under the Rajasthan Voluntary Rural Education Service Rules, 2010, and they continued to work under the State till their retirement.
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Before their retirement, they were entitled to receive leave encashment for their unused privileged leaves. However, despite approaching the District Education Officer, and receiving favorable orders, the State did not make any payments.
This led to a legal battle, and in 2015, the Rajasthan High Court had clearly directed the State to release the leave encashment amounts to the petitioners.
"It is quite shocking and surprising that in spite of passing of considerable time, the State has not complied with the order dated 06.10.2015 passed by this Court," the Court stated.
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Still, even after nearly 10 years, the State had not complied, which forced the petitioners to again approach the High Court seeking justice.
During the recent hearing, both the State and the Samiti attempted to shift blame onto each other, trying to avoid responsibility for the payment. The Court took serious note of this careless attitude, pointing out that the petitioners were being harassed for no valid reason.
"Non-compliance of the order dated 06.10.2015, even after a lapse of almost a decade, is shocking and prima facie contemptuous," noted the judge.
The Court clarified that it often shows leniency in cases of delay, but such leniency should not be taken casually. It emphasized that ignoring court orders amounts to contempt, and is a direct challenge to the authority and dignity of the court.
“A contemnor not only disrespects the specific order but also directly questions the court's ability to uphold the rule of law,” observed Justice Dhand.
As a final warning, the Court has now directed the State government to make the due payments within three months from the date of the order. The judge also cautioned that if the order is not followed this time, strict disciplinary action would be taken against the responsible officers.
“Such inaction on part of the respondents for almost 10 years warrants strict disciplinary action,” the Court emphasized.
Accordingly, the petitions were dismissed.
Title: Smt. Vidya Devi v State of Rajasthan & Ors., and other connected petitions
