Indra Agarwal vs State Of Rajasthan
2021 Latest Caselaw 10792 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16429/2019

Indra Agarwal W/o Shri Mahendra Agarwal, Aged About 58 Years, Resident Of 2/16, Mukta Prasad Nagar, Bikaner.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Education Department, Govt. Of Rajasthan, Jaipur.

2. The Director, Elementary Education, Govt. Of Rajasthan, Bikaner.

3. Rao Tularam Rasht Unnati School No. 1, Lalgarh, Bikaner Through Its Mantri, Bikaner.

                                                                   ----Respondents


For Petitioner(s)          :     Ms. Sumeha Kalla
For Respondent(s)          :     Mr. Rohit Mutha
                                 Mr. G.S. Chouhan with
                                 Ms. Surabhi Bissa for Mr. K. K. Bissa


                      JUSTICE DINESH MEHTA
                                      Order
14/07/2021

It is submitted by learned counsel for the petitioner that the

issue raised in the present writ petition is squarely covered by

order dated 17.11.2011 passed in Gordhan Mal Singhvi v. State of

Rajasthan & Ors. : S.B.C.W.P. No. 5118/218 and Division Bench

judgment in State of Rajasthan & Anr. v. The Management

Committee Sh. Bhagwan Das Todi College : D.B. Special

Appeal(Writ) No. 663/2015, decided on 06.11.2015. The

submissions made by learned counsel for the petitioner regarding

the issue being concluded by judgments in the case of Gordhan

Mal Singhvi (supra) and Bhagwan Das Todi College(supra) are not

disputed by learned counsel for the respondents.

(2 of 2) [CW-16429/2019]

In view of the above, the writ petition filed by the petitioner

is allowed in light of and with the similar directions as given in the

above cases in the following terms:-

"(1) Within 60 days from today, the respondent No.3 shall make payment of the amount to the petitioner towards arrears of salary as a result of fixation under the grades under the Revised Pay Scales Rules; towards selection grades upon completion of 9,18 and 27 years of service; towards leave encashment; and towards gratuity and provident fund alongwith interest @ 12% per annum from 23.07.2008 until the date of payment.

(2) The respondents Nos.1 and 2 shall grant approval and release the grant-in-aid within 60 days from the date of the respondent No.3 submitting in its claim in accordance with the provisions of the Rules of 1993 and the applicable decisions."

Further, the respondents are also directed to comply with the

direction as given/observations made in the case of Bhagwan Das

Todi College (supra), wherein, inter alia, the following direction

have been given regarding payment:-

"The Special Appeals filed by the State Government are without substance and accordingly dismissed and taking note of the Sec.31(2) of the Act, 1989 we direct the Non- Government Educational Institutions to prepare due drawn statement of each of the employees of their Institution who have worked against sanctioned & aided posts in regard to their arrears of salary and other dues which are approved expenditure to the extent of grant-in-aid and the same be sent to the State Government and the State Government after its due verification from their records will make payment of arrears to each of the employee who either have now become members of Rules, 2010 or have retired or left the job (upto the period one has worked) and to other employees similarly situated under intimation to the concerned Non-Government Recognized Institution."

In the circumstances of the case needful may be done within

a period of three months from the date of this order.

(DINESH MEHTA),J 64-A.Arora/-

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