Rajasthan High Court

Managing Committee, Baijnath ... vs Om Prakash S/O Shriram Sharma on 16 August, 2021

Bench: Sanjeev Prakash Sharma

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 15852/2018

1.   Managing Committee, Baijnath Shriram Saboo Shishu
     Mandir Society, Shyam Mandir Road, Pilani , District
     Jhunjhunu, Rajasthan
2.   Managing Committee, Baijnath Shriram Saboo Senior
     Secondary School, Pilani, Both Are Represented Through
     The Secretary Shri Raghuveer Singh Shekhawat S/o Shri
     Mansingh Aged About 65 Years R/o Sheoraon Ki Dhani ,
     Post Deoroad, Tehsil Surajgarh, District Jhunjhunu ,
     Rajasthan
                                                                 ----Petitioners
                                  Versus
1.   Om Prakash S/o Shriram Sharma, Aged About 49 Years,
     By Caste Brahmin, R/o Near Sabu School Ward No. 11,
     Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan
2.   The     Director/commissioner                  Secondary         Education
     Rajasthan, Bikaner
                                                               ----Respondents

Connected With S.B. Civil Writ Petition No. 15218/2018

1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School,pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioners Versus

1. Rajendra Prasad Sharma S/o Shri Tarachand Sharma, R/o Ward No. 17, Behind Eye Hospital, Pilani, District

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Jhunjhunu, Rajasthan

1. The Director/commissioner, Secondary Education Rajasthan Bikaner

----Respondents S.B. Civil Writ Petition No. 15289/2018

1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represent Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represent Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioners Versus

1. Rajesh Bagla S/o Shri Chaturbhuj Bagla, R/o Ward No. 25, Near Shyam Mandir, Pilani, District Jhunjhunu, Rajasthan.

1. The Director/commissioner, Secondary Education Rajasthan Bikaner.

----Respondents S.B. Civil Writ Petition No. 15377/2018

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

                                       (3 of 11)                     [CW-15852/2018]


                                                                ----Petitioners
                                 Versus

1. Subhash Chandra S/o Shri Purnaram, By Caste Jat, R/o Village And Post Lamba Via Baggar, Tehsil Chirara, District Jhunjhunu, Rajasthan.

1. The Director/commissioner, Secondary Education Rajasthan Bikaner.

----Respondents S.B. Civil Writ Petition No. 15590/2018

----Petitioners Versus

1. Shiv Onkar Sharma S/o Shri Shishupal Sharma, R/o Ward No. 11, Near Dalmiya Kunwa, Municipality Pilani, District Jhunjhunu, Rajasthan.

1. The Director/commissioner, Secondary Education Rajasthan Bikaner.

----Respondents S.B. Civil Writ Petition No. 15615/2018

1. Managing Committee And Anr, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu,rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior

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Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioners Versus Smt Saroj Saini Wife Of Guturam Saini, R/o Near Loyalka Ki Kothi, Ward No. 10. Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Respondent S.B. Civil Writ Petition No. 15630/2018

----Petitioners Versus

1. Kailash Chand Sharma S/o Shri Vishvanath Sharma, R/o Ward No. 17, Near Bhagat Singh Circle, Pilani, District Jhunjhunu, Rajasthan

1. The Director/commissioner, Secondary Education Rajasthan Bikaner

----Respondents S.B. Civil Writ Petition No. 15837/2018

1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School,pilani, Both Are Represented Through

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The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon Ki Dhani , Post Deoroad, Tehsil Surajgarh, District Jhunjhunu , Rajasthan

----Petitioners Versus

1. Yashpal S/o Shri Radheyshyam, By Caste Jat, Aged About 47 Years, R/o Village And Post Kithana, Via Sultana, District Jhunjhunu, Rajasthan

1. The Director/ Commissioner Secondary Education Rajasthan, Bikaner

----Respondents S.B. Civil Writ Petition No. 16249/2018

1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani , District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani, Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani , Post Deoroad, Tehsil Surajgarh, District Jhunjhunu , Rajasthan.

----Petitioners Versus

1. Rajpal Singh S/o Shri Prabhu Singh, Aged About 61 Years, By Caste Jat, R/o Ward No. 21, Near Rakesh Academy, Pilani, District Jhunjhunu Rajasthan.

1. The Director/ Commissioner Secondary Education Rajasthan, Bikaner.

----Respondents S.B. Civil Writ Petition No. 16257/2018

1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani , District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani, Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu,

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Rajasthan.

----Petitioners Versus

1. Madan Lal S/o Shri Laxmanram Saini, Aged About 53 Years, By Caste Mali, R/o Near Ranisati, Laxmi Colony, Ward No. 17, Gali No. 2, Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. The Director/ Commissioner Secondary Education Rajasthan, Bikaner.

----Respondents S.B. Civil Writ Petition No. 16486/2018

1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioners Versus

1. Anil Kumar S/o Shri Mahaveer Prasad, Aged About 61 Years, R/o C/o Pramod Nagwan, Savitri Bhawan, Near Jutharam Senior Secondary School Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. The Director/commissioner, Secondary Education Rajasthan Bikaner.

----Respondents S.B. Civil Writ Petition No. 16510/2018

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----Petitioners Versus

1. Radheyshyam Saini S/o Shri Rameshwar Singh, Aged About 43 Years, By Caste Mali, R/o Village And Post Kishorepura, Via Ponkh, Tehsil Udaipurwati, District Jhunjhunu, Rajasthan.

1. The Director/commissioner, Secondary Education Rajasthan, Bikaner.

----Respondents S.B. Civil Writ Petition No. 16522/2018

1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioners Versus

1. Bajrang Lal Saini S/o Late Shri Ganpatram Saini, Aged About 63 Years, By Caste Mali, R/o Ward No. 16, Near Old Birla Senior Secondary School, Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. The Director/ Commissioner, Secondary Education Rajasthan Bikaner.

----Respondents S.B. Civil Writ Petition No. 16523/2018

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1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioners Versus

1. Banwari Lal S/o Shri Teruram Godara, Aged About 48 Years, R/o Behind Shyam Mandi Ward No. 25, Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

1. The Director/ Commissioner, Secondary Education Rajasthan Bikaner.

----Respondents

For Petitioner(s) : Mr. Dhoop Singh Poonia For Respondent(s) : Mr. Ganesh Meena, AAG Mr. Tapeshwar Pal Singh Parmar Mr. Bharat Saini, AGC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

16/08/2021

1. These writ petitions raise a common question thus they are

being decided by this judgment.

2. Applications have also been moved in several petitions for

disbursement of amount in favour of the concerned Teachers as

Non-petitioner No.1 in various cases.

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3.   Learned   counsel    for     the     petitioners         submit   that   the

petitioner- Managing Committee is in hardship and is only able to

release the amount of 20% and 40% of their share in favour of

the concerned each respondent and the State Government ought

to be directed to release the remaining payment in terms of the

judgment passed by this Court in case of State of Rajasthan &

Ors. Vs. The Management Committee, Sh. Bhagwan Das

Todi College & Ors. reported in 2016 (3) RLW 1911 (Raj.)

wherein the Division Bench observed that the amount in terms of

aid being granted by the State Government should be disbursed

according to the share of the concerned Managing Committee and

that of the State Government.

4. Learned Additional Advocate General, Shri Ganesh Meena

submits that this Court has already been taken a view in SBCWP

No.3081/2016: Managing Committee, DAV Sr. Secondary

School & Anr. Versus Sudha Gupta & Anr. vide order dated

20.09.2019 holding that the case of Bhagwan Das (supra)

would have no application in relation to the teachers who have

retired from the concerned school itself and were not taken over

under the Rules of 2010 by the State Government.

5. Learned counsel submits that therefore the Management

Committee has to pay the dues to the Teachers and if there is any

share of the State Government yet to be paid to the Committee.

The Committee can always take steps for recovering the amount

which has already been released to the concerned Teachers for

reimbursement.

6. I have considered the submissions.

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7. In Managing Committee, DAV Senior Secondary School

(supra), this Court took notice of the judgment of Division Bench

and held as under:-

"I have considered the submission and on perusal of the judgment passed by the Division Bench in the case of The Management Committee, Sh. Bhagwan Das Todi College & Ors.(supra), this Court finds that the Division Bench examined the cases in relation to the Rules of 2010 and taking into consideration that the employees of the aided institutions had been absorbed with the State Government, a direction was issued directing the State Government to pay the unpaid amount to the concerned employee, which was due against the concerned educational institution to the extent of aid being granted to the institution.

In view of the above, this Court is of the firm opinion that the directions would be confined only to those employees who have been absorbed with the State Government and would not extend to those employees, who retired while working with the institution(s) and are claiming their dues as against the institution(s). Since, admittedly the employees stood already retired, it is the duty of the institution to pay the entire amount as claimed by the employees and if they have any case for reimbursement from the State Government, they can always get the aid to be released from the concerned State Government. It is made clear that if such reimbursement is claimed in terms of the aid being given to the institution, the said reimbursement shall be released by the State Government.

Accordingly, no case for interference is made out. The writ petition is found to be devoid of merit and the same is accordingly dismissed. Due payment be made within a period of three months. If any execution proceedings have been initiated, the same shall remain stayed for three months.