HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Writ Petition No. 2971/2020 Managing Committee, Seth G.L. Bihani S.d. (Pg) College, Sri Ganganagar, through its President, Jaideep Bihani S/o Late Shri Sushil Kumar Bihani, by caste Maheshwari, aged about 54 years, R/o 14 Public Park, Swami Dayanand Marg, Sriganganagar.
----Petitioner Versus
1. S.L. Wadhwa S/o Late Shri Khandu Ram Wadhwa, Resident of 5-M-32 Jawahar Nagar, Sriganganagar (Raj.).
2. The Commissioner College education, Government of Rajasthan, Jaipur.
----Respondent For Petitioner(s) : Ms. Madhu Khatri for Mr. Sanjeet Purohit For Respondent(s) : Mr. Himanshu Shrimali, AGC Mr. Dron Kaushik HON'BLE MS. JUSTICE REKHA BORANA Order 05/12/2022 This writ petition has been filed by the petitioner aggrieved against judgment dated 13.12.2019, passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, ('the Tribunal'), whereby the directions have been given by the Tribunal to grant benefit of Career Advancement Scheme and to make payment of amount of gratuity, leave encashment and arrears of salary based on Rajasthan Civil Services (Revised Pay- Scales) Rules, 2008.
It has further been directed that respondent No.1 would be entitled to interest @ 6% per annum on the amount due, pertaining to all the three. Further directions have been given to (Downloaded on 05/12/2022 at 11:59:54 PM) (2 of 3) [CW-2971/2020] the respondent- Commissioner College Education to ensure that compliance be made by the petitioner herein.
It is submitted by learned counsel for the respondent No.1 that the issue raised in the present writ petition is covered by order of this Court in Managing Committee, Rajasthan Mahila Parishad Vs. Director Elementary Education Rajasthan, Bikaner & Ors.: S.B. Civil Writ Petition No. 4342/2015, decided on 9.11.2016, wherein in similar nature judgments passed by the Tribunal, the writ petitions filed by the petitioner-Society have been partly allowed and directions have been issued.
Learned counsel for the petitioner submits that though the issue raised in the present writ petition is covered by judgment in the case of Managing Committee, Rajasthan Mahila Parishad (supra), however despite the fact that Division Bench judgment of this Court in State of Rajasthan & Anr. Vs. The Management Committee Sh. Bhagwan Das Todi College: D.B. Special Appeal (Writ) No. 663/2015, decided on 6th November, 2015 at Jaipur bench was cited before the Tribunal, consequential directions qua respondent No.2 were not issued by the Tribunal and, therefore, directions in this regard may be issued to respondent No.2 as well.
In view of the submissions made, the writ petition filed by the petitioner is disposed of in light of and with the similar directions as issued in the case of Managing Committee, Rajasthan Mahila Parishad (supra), wherein it has been directed as under:
"In view of the above discussion, the writ petitions filed by the petitioner Institution are partly allowed. The orders dated 9/12/2014 passed by the Tribunal are set aside to the (Downloaded on 05/12/2022 at 11:59:54 PM) (3 of 3) [CW-2971/2020] extent it provides for payment of interest on leave encashment dues as well as arrears of salary based on revised pay scales, however, the direction to the extent of payment of interest on the amount of gratuity is upheld. The respondents No.2 would be entitled to interest @ 6% p.a. on the amount of gratuity payable to them. The amount of gratuity as well as interest thereon shall be paid to the respondents No.2 by the petitioner Institution within a period of three months. The amount, if any, deposited by the petitioner Institution with the Executing Court pursuant to the directions issued by the Tribunal be adjusted in the amount payable to the respondents No.2."
It is further directed that as laid down/ directed by Division Bench in the case of Management Committee Sh. Bhagwan Das Todi College (supra), the State Government would after due verification from the records based on the information supplied by the petitioner-Institution will make payment of arrears to the employee and it shall not be pre-requisite for Institution to first make payment and then seek reimbursement from the respondent-State.
(REKHA BORANA),J 33-AnilKC/-(Downloaded on 05/12/2022 at 11:59:54 PM)
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