'Shocking, Contemptuous': Rajasthan HC Flags Non-Compliance Of Decade-Old Order For Payment Of Leave Encashment, Says Leniency Shouldn't Be Taken Lightly

Rajasthan High Court has expressed surprise and shock over non-compliance of its order for over a decade by the State, and directed release of the petitioners' encashment of privileged leaves within a period of 3 months. The Court cautioned that non-compliance of the order shall be viewed seriously and followed by disciplinary actions against defaulting officers.

Opining the act of the State as contemptuous, the bench of Justice Anoop Kumar Dhand observed that the contempt of the Court's order was a serious legal infraction that struck at the sole of justice, eroding public confidence in the judicial system. It was held that a contemnor not only disrespected the specific order but directly questioned the court's ability to uphold rule of law.

“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. Non-compliance of the order dated 06.10.2015, even after a lapse of almost a decade is shocking and prima facie contemptuous.”

The Court was hearing a bunch of petitions filed with a prayer to direct the respondent to release the payment towards their leave encashment of the privilege leaves. The petitioners were employees of Badhit Bal Vikas Samiti (“Samiti”), a 100% State aided institution.

Their services were absorbed by the State in 2013 after the enforcement of Rajasthan Voluntary Rural Education Service Rules 2010. After such absorption, the petitioners continued to work with the State till their retirement.

Before their respective retirements, when their due leave encashment was not paid, the petitioners had approached the District Education Officer who passed orders in favour of the petitioners. This order was challenged by the State before the Rajasthan High Court. In 2015, the Court issued specific direction to the State to pay the leave encashment to the petitioners.

However, even though considerable time had passed after the respective retirements of the petitioners, no such payment was done by the State leading to this petition before the Court.

During the hearing, the Samiti and the State were passing the baton to one another, trying to shift the responsibility.

After hearing the contentions, the Court opined that petitioners had been harassed by the respondents for no fault of theirs. The Court stated that such inaction on part of the respondents for almost 10 years warranted strict disciplinary action.

“It is quite shocking and surprising that inspite of passing of considerable time, the State has not complied with the order dated 06.10.2015 passed by this Court and there is no justification for the same on the part of the State which amounts to an act of committing contempt of the order of this Court.”

The Court further observed that the Court ordinarily took a lenient approach in cases of some delay in compliance, however, such leniency should not be taken lightly and casually by the State.

Before taking any strict action, the Court directed the State to make the due payments to the respondents within a period of 3 months, and cautioned against strict disciplinary action against the defaulting officer, in case of non-compliance.

Accordingly, the petitions were dismissed.

Title: Smt. Vidya Devi v State of Rajasthan & Ors., and other connected petitions

Citation: 2025 LiveLaw (Raj) 135

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