Managing Committee vs Ghanshyam Sharma And Anr
2021 Latest Caselaw 267 Raj/2

Citation : 2021 Latest Caselaw 267 Raj/2
Judgement Date : 13 January, 2021

Rajasthan High Court

Managing Committee vs Ghanshyam Sharma And Anr on 13 January, 2021

Bench: Sanjeev Prakash Sharma

                                         (1 of 3)                  [CW-5508/2017]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 5508/2017

Managing Committee, Agarwal Senior Secondary School, Agra
Road, Jaipur Through Its Secretary.
                                                                   ----Petitioner
                                   Versus
1.      Ghanshyam Sharma S/o Late Shri Ganga Bux Sharma,
        Village And Post Kheda Mangal Singh, Tehsil Laxmangarh,
        Via Gadhi Sawai Ram, District Alwar Raj.
2.      The    Director/commissioner,                Secondary       Education,
        Rajasthan, Bikaner Raj.
                                                                ----Respondents

Connected With S.B. Civil Writ Petition No. 5506/2017 Managing Committee, Agarwal Senior Secondary School, Agra Road, Jaipur Through Secretary.

----Petitioner Versus

1. Rajesh Chandra Sharma S/o Dr. Anand Bihari Sharma, 2312, Surya Bhawan, Deenanathji Ka Rasta, Chandpole Bahar, Purani Basti, Jaipur Raj..

2. The Director/commissioner, Secondary Education, Rajasthan, Bikaner Raj..

----Respondents

For Petitioner(s) : Mr. Arvind Gupta Sohan For Respondent(s) : Mr. Ganesh Meena, AAG with Mr. Rahul Sehra Mr. D P Sharma

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

13/01/2021

The matter comes up on an application filed by the petitioner

for seeking extension of stay order.

(2 of 3) [CW-5508/2017]

Learned Additional Advocate General has placed before the

Court the order passed by this Court dated 20.9.2019 in S.B. Civil

Writ Petition No.3081/2016, Managing Committee &

Another Versus Sudha Gupta & Another wherein identical

issue was involved and the Managing Committee has sought to

challenge the order passed by the Tribunal.

In Managing Committee & Another Versus Sudha Gupta &

Another (supra) taking into consideration that the respondent

retired while he was in service with the Managing Committee

alone and had not been absorbed in terms of the Rajasthan

Voluntary Education Service Rules, 2010, this Court passed the

following order after considering the judgment passed in

Bhagwan Das Todi College & Ors. Reported in 2016 (3)

RLW 1911 (Raj.) case 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

(3 of 3) [CW-5508/2017]

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.