Citation : 2021 Latest Caselaw 11006 Raj
Judgement Date : 16 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 18767/2018
Smt. Koushalya Purohit W/o Shri Girdhari Lal Ji Purohit, Aged About 60 Years, 17/18 Chopasani Housing Board Jodhpur Retire On Dated 30.06.2018 From Balika Adarsh Vidhya Mandir, Shastri Nagar, Jodhpur, (Raj). (Grade Iiird Teacher)
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Elementary Education, Department Of Education, Bikaner (Raj).
3. District Education Officer (Elementary) Education Department (Hd), Near Umaid Club, Gaushala Maidan, Raikabagh, Jodhpur.
4. Balika Adarsh Vidhya Mandir, Through The Secretary, Management Committee, Shastri Nagar, Jodhpur (Raj).
5. Secretary, Management Committee, Adarsh Vidhya Mandir, Kamala Nehru Nagar, Jodhpur District Jodhpur (Raj)
----Respondents Connected With (2) S.B. Civil Writ Petition No. 259/2018 Smt. Tara Mathur W/o Ramesh Chandra Mathur, Resident Of 247, Jwala Vihar, Opp. Somani College, Chopasani Road, Jodhpur Raj..
----Petitioner Versus
1. State Of Rajasthan Through The Secretary, Education Department, Government Of Rajasthan, Jaipur Raj..
2. Through The Director, Elementary Education, Bikaner Raj..
3. The District Education Officer, Education Department Elementary, Near Ummaid Club, Gau Sala Maidan, Rai Ka Bagh, Jodhpur.
4. The Secretary, Management School Committee, Adarsh
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Vidhya Mandir School, Kamla Nehru Nagar, Shrutam Jodhpur.
----Respondents (3) S.B. Civil Writ Petition No. 1275/2018
1. Smt. Rukmani Mathur W/o Shri Dayal Chandra Mathur, Resident Of 17-E/537, Chopasani Housing Board, Jodhpur Iii Grade Teacher Retired As Teacher Grade Iii On Dated 31/08/2012 From Govt. Upper Primary School, Vishnu Nagar, Panchayat Samiti Luni, District Jodhpur First Appointment Date 01/07/1985 At Naveen Shishu Niketan
2. Sm. Sarita Vyas W/o Dr. Ashok Vyas, Resident Of 503-5, B Road Sardarpura, Jodhpur Raj. At Present Working As Iii Grade Teacher At Govt. Upper Primary School Mogra, Panchayat Samiti Luni, District Jodhpur First Appointment Date 16/09/1987 At Naveen Shishu Niketan
3. Smt. Nirmala Mathur W/o Shri Pramod Raj Mathur, Resident Of 11/544, Chopasani Housing Board, Jodhpur Raj. At Present Working As Teacher Grade Iii At Govt. Girls Upper Primary School, Chandsama, Panchayat Samiti Shergarh, District Jodhpur First Appointment Date 16/09/1987 At Naveen Shishu Niketan
4. Smt. Shashi Malhotra W/o Shri Triloki Nath Malhotra, Resident Of Plot No. 14, Suraj Nagar, Near Sec. 18-E, Chopasani Housing Board Bus Stand, Jodhpur Raj. Iii Grade Teacher Retired On Dated 31/12/2015 From Govt. Primari School Akalkhori, Panchayat Samiti Osiyan, District Jodhpur First Appointment Date 25/03/1989 At Naveen Shishu Niketan
5. Smt. Sita Nagar W/o Shri Mahendra Nagar, Resident Of House No. 44, Second Phase, Roop Rajat Township, Bhadu Market, Pal Road, Jodhpur Raj. At Present Working As Teacher Grade Iii At Govt. Primary School, Balesar Panchayat Samiti Balesar, District Jodhpur First Appointment Date 01/07/1990 At Naveen Shishu Niketan
6. Smt. Santosh Parashar W/o Shri Ashok Parashar, Resident Of 14/489, Chopasani Housing Board, Jodhpur Retired On Dated 31/03/2015 From Govt. Primary School Natiyon Ki Dhani, Panchayat Samiti Osiyan, District Jodhpur First Appointment Date 05/01/1991 At Naveen Shishu Niketan
----Petitioners
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Versus
1. State Of Rajasthan Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Elementary Education, Department Of Education, Bikaner.
3. District Education Officer Elementary, Education Department, Jodhpur
4. Secretary, Management Committee, Naveen Shishu Niketan Primary / Upper Primary School, Masuriya, Opp. Kumharon Ki Bagechi, Jodhpur Raj.
----Respondents (4) S.B. Civil Writ Petition No. 1556/2018
1. Smt. Kamla Devi W/o Shri Madan Lal Panwar, Resident Of Near Krishan Mandir Road, Nagori Gate, Jodhpur Appointed On 22/08/1989 And Worked Upto June-2011 As Class Iv Employee At Respondent No. 4 School
2. Smt. Puran Panwar D/o Shri Vishal Singh, Appointed On 12/12/1985 And She Has Worked Upto June- 2011 As Teacher Grade Iii At Respondent No. 4 School Shiv Kripa, 9-C Hanumant Colony, Jodhpur Raj..
3. Smt. Anju Sankhla D/o Shri Mohan Lal Sankhla, Resident Of Nagori Bera, Mandore, Jodhpur 04/03/1991 And She Has Worked Upto June-2011 As Teacher Grade Iii At Respondent No. 4 School
4. Smt. Aruna Parihar W/o Puna Ram Gehlot, Resident Of Plot No. 623, Dilip Nagar, Lal Sagar, P.o. Punjala, District Jodhpur Raj. Appointed On 29/01/1990 And She Has Worked Upto June- 2011 As Teacher Grade Iii At Respondent No. 4 School
5. Smt. Pramila W/o Deepak Rupani, Resident Of Arya Nagar, Plot No. 32, Out Side Tisri Pol, Barla Road, Mahamandir, Jodhpur Raj. Appointed On 04/01/1988 And She Has Worked Upto June-2011 As Teacher Grade Iii At Respondent No. 4 School
6. Smt. Kalawati W/o Balveer Singh, Resident Of Thalio Ka Bas, Inside Sojati Gate, Jodhpur Raj. Appointed On 16/07/2011 As Class Iv Employee And She Has Worked Upto June-2011 As Teacher Grade Iii At Respondent No. 4 School
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7. Radheshyam Joshi S/o Shri Udai Ram Joshi, Resident Of 28, Naya Bas, Near Sani Mandir, Near Chitra Cinema, Jodhpur Raj. Appointed On 07/10/1990 And She Has Worked Upto June-2011 As Teacher Grade Iii At Respondent No. 4 School
8. Smt. Manju Gehlot W/o Harish Gehlot, Resident Of 42, Aryanagar, Bhadvasiya, Jodhpur Appointed On 29/01/1990 And She Has Worked Upto June-2011 As Teacher Grade Iii At Respondent No. 4 School
9. Smt. Aruna Kachhawaha W/o Shri Bal Kishan, Resident Of 18-19, New Parihar Nagar, Bhadwasia, Jodhpur Raj. Appointed On 18/01/1997 And She Has Worked Upto June-2011 As Teacher Grade Iii At Respondent No. 4 School
10. Smt. Geetanjali Sankhla D/o Jugal Singh Gehlot W/o Shri Surendra Sankhla, Appointed On 15/08/1988 And She Has Worked Upto June-2011 As Teacher Grade Iii At Respondent No. 4 School
11. Smt. Usha Rani W/o Satyavir Singh, Resident Of 199/123, Kanhiya Nagar, Shikargarh, Jodhpur Raj. Appointed And She Has Worked Upto June- 2011 As Teacher And She Has Worked Upto June- 2011 As Teacher Grade Iii At Respondent No. 4 School
----Petitioners Versus
1. State Of Rajasthan Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Elementary Education, Department Of Education, Bikaner.
3. District Education Officer Elementary, Education Department, Jodhpur.
4. Secretary, Management Committee, Shri Vaidik Kanya Shiksha Samiti, Bagar Chowk, Jodhpur Raj.
----Respondents (5) S.B. Civil Writ Petition No. 1931/2018 Smt. Usha Mathur Wife Of Shri Surendra Raj Mathur, Resident Of Siwana, District Barmer At Present Working As Female Supervisor, Office Of Child Development Project Officer, Siwana, District Barmer.
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----Petitioner
Versus
1. State Of Rajasthan Through The Principal Secretary To The Government, Women And Child Development Department, Government Of Rajasthan, Jaipur.
2. Director, Women And Child Development Department, Directorate Of Integrated Child Development Services, Rajasthan, Jaipur.
3. Deputy Director Administration, Women And Child Development Department, Integrated Child Development Services, Rajasthan, Jaipur.
4. Child Development Project Officer, Women And Child Development Department, Siwana, District Barmer.
----Respondents (6) S.B. Civil Writ Petition No. 8017/2018 Smt. Man Mohini Sharma W/o Late Shri Nawal Kishore Sharma D/o Shri Ram Sharma, Resident Of 155, Shyam Nagar, 2Nd Phase, Behind Saidham Mandir, Pal Road, Jodhpur, District Jodhpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan Through The Director, Elementary Education, Bikaner, Rajasthan.
2. The Secretary, Shree Mahalaxmi Balika Senior Secondary School, "e" Sector, Pratap Nagar, Jodhpur, Rajasthan. Which Is Governed And Controlled By Respondent No.3
3. The Management Committee, Shree Mahalaxmi Sikhshan Sansthan School, "e" Sector, Pratap Nagar, Jodhpur Raj.
4. The Principal Secretary To The Govt., Government Of Rajasthan, Secretariat Rajasthan, Jaipur, Raj. State Of Rajasthan.
----Respondents (7) S.B. Civil Writ Petition No. 11343/2018
1. Smt. Sushila Vyas W/o Shri Budhi Prakash, Aged About 56 Years, Resident Of Vir Mohalla, Lodo Ki Gali, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 14/07/1986 And Worked On The Post Of Teacher Grade - Ii At Respondent No. 4 School Till 30/06/2011) Joined At Government School Govt. Upper Primary School Govt.
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Upper Primary School Bijaniyo Ki Dhani, Newra Gaon Osiyan And Still Working On The Post Of Grade Iii Teacher.
2. Smt. Veena Mutha W/o Shri Mahendra Dutt Mutha, Aged About 58 Years, Resident Of Fateh Gaddi, Outside Siwanchi Gate, Jodhpur District Jodhpur, Rajasthan (Appointed On 19/07/1986) And She Has Worked Upto 30/06/2011 As Teacher Grade Iii At Respondent No. 4 School) Joined At Government School Govt. Primary School, Rawla Puliya, Dayakaur, Tehsil Lohawat District Johdpur And Still Working On The Post Of Grade Iii Teacher.
3. Smt. Bharti Vyas W/o Shri Ramesh Lal Vyas, Aged About 60 Years, Resident Of Gharo Ka Bas, Brahmpuri, Jodhpur, District Jodhpur Rajasthan (Appointed On 18/07/1987 And She Has Been Retired On 30/08/2017 As Teacher Grade Iii From Govt. Primary School, Darjiyo Meghwalo Ki Dhani, Ketu Mada Balesar, District Jodhpur. )
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Elementary Education, Department Of Education, Bikaner.
3. District Education Officer (Elementary), Education Department, Jodhpur.
4. Secretary, Management Committee, Shishu Shala Primary School, Navchokiya, Jodhpur District Jodhpur (Raj.) (Which Is Governed And Controlled By Respondent No. 4)
----Respondents (8) S.B. Civil Writ Petition No. 12194/2018
1. Ranjana Mehta W/o Shri Vinod Kumar Mehta, Aged About 48 Years, 17/475, Chopasani Housing Board, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 03/10/1998 And Worked On The Post Of Teacher Grade-Iii At Respondent No. 4 School Till 07/07/2011)
2. Smt Uma Gaur W/o Shri Vijay Gaur, Aged About 47 Years, B/161, Kamla Nehru Nagar, 2Nd Extension, Jodhpur, District Jodhpur, Rajasthan, (Appointed On 01/12/1994 And She Has Worked Upto 02/07/2011 As Teacher Grade
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Iii At Respondent No. 4 School)
3. Smt. Rajkumari Jain W/o Shri Suresh Chand Jain, Aged About 55 Years, Pawan Chand Bhandari Ki Pole, Pachetiyo Ki Gali, Juni Mandi, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 03/03/1992 And She Has Worked Upto 07/07/2011 As Teacher Grade Iii At Respondent No. 4 School)
4. Smt. Ila Vyas W/o Shri Rajendra Prasad Vyas, Aged About 54 Years, 84K, Shyamgarh Colony, New Chand Pole, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 28/05/1991 And She Has Worked Upto 02/07/2011 As Teacher Grade Iii At Respondent No. 4 School)
5. Smt. Saraswati Baheti W/o Dr. Pukhraj Baheti, Aged About 65 Years, Inback Of Soni And Company, 1St C Road, Sardarpura, Jodhpur, District Jodhpur, Rajasthan, (Appointed On 01/09/1975 And She Has Worked Upto 07/07/2011 As Teacher Grade Iii At Respondent No.4 School) (Retired On 31/07/2012 From Government Upper Primary School Gajlainadi, Phalodi, District Jodhpur, Rajasthan)
6. Smt. Kanchan Bhandari W/o Shri Kalyan Chand Bhandari, Aged About 63 Years, Bhandariyo Ki Pole No. 2, Near Chandbawari, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 09/09/1986 And She Has Worked Upto 07/07/2011 As Teacher Grade-Iii At Respondent No. 4 School) (Retired On 30/09/2014 From Government Upper Primary School Gopalsar, Panchayat Samiti Balesar, District Jodhpur, Rajasthan)
7. Smt. Sudha Sharma W/o Shri Mukesh Kumar Sharma, Aged About 60 Years, 131, Shri Krishna Nagar, Pal Road, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 29/08/1983 And She Has Worked Upto 02/07/2011 As Teacher Grade Iii At Respondent No. 4, School)
8. Smt. Pushpa Mathur W/o Shri Murari Lal Mathur, Aged About 60 Years, Plot No. G1, Mahaveerpuram, Behind Fun World, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 23/01/1987 And She Has Worked Upto 02/07/2011 As Teacher Grade Iii At Respondent No. 4 School) (Retired On 31/07/2017 From Government Upper Primary School Modi Joshiyon, Panchayat Samiti Luni, District Jodhpur, Rajasthan)
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9. Smt. Chanchal Jain W/o Shri Laxmimal Jain, Aged About 61 Years, 17-E-184, Chopasani Housing Board, Jodhpur, Distict Jodhpur, Rajasthan. (Appointed On 02/07/1984 And She Has Worked Upto 07/07/2011 As Teacher Grade Iii At Respondent No.4 School) (Retired On 30/06/2017 From Government Upper Primary School Jinniyala Govinda, Panchayat Samiti Balesar, District Jodhpur, Rajasthan)
10. Smt. Ucchab Mehta W/o Late Shri Prakash Raj Mehta, Aged About 67 Years, Bhandariyo Ki Pole, Gundi Mohalla, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 18/08/1975 And She Has Worked Upto 04/07/2011 As Teacher Grade-Iii At Respondent No. 4 School) (Retired On 31/08/2011 Government Upper Primary School Savrinj, Panchayat Samiti Phalodi, District Jodhpur, Rajasthan)
11. Smt. Madhu Duggad W/o Shri Siremal Duggad, Aged About 68 Years, 17/699, Chopasani Housing Board, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 06/07/1970 And Retired On 31/08/2010 From The Post Of Teacher Grade-Iii At Respondent No.4 School)
12. Smt. Shanti Mehta W/o Shri Jitendra Raj Mehta, Aged About 68 Years, A1105, Mangaldeep, Near Pal Balaji, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 15/o7/1967 And Retired On 30/09/2009 From The Post Of Teacher Grade-Iii At Respondent No. 4, School)
13. Hemi Bai D/o Shri Gopal Singh Mehra, Aged About 70 Years, Mehro Ka Chowk, Naya Baas, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 01/08/1969 And Retired On 29/02/2008 From The Post Of Class Iv Employee At Respondent No. 4 School)
14. Smt. Chandrakanta Singhvi W/o Shri Bhopal Raj Singhvi, Aged About 71 Years, Singhvi House, Sajjan Press Wali Pole, Tripoliya Bazar, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 01/10/1970 And Retired On 31/01/2007 From The Post Of Teacher Grade-Iii From Respondent No. 4 School)
15. Smt. Pushpa Singhvi W/o Shri Udaimal Singhvi, Aged About 75 Years, 11, Raipur Colony, Paota B Road, Jodhpur District Jodhpur, Rajasthan. (Appointed On 04/08/1959 And Retired On 30/09/2000 From The Post Of Teacher
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Grade Iii From Respondent No. 4 School)
16. Smt. Hemprabha Bohra W/o Dr. Harish Chandra Bohra, Aged About 66 Years, 1 K 4, First Puliya, Chopasani Housing Board, Jodhpur, District Jodhpur, Rajasthan. (Appointed On 05/09/1980 And Worked On The Post Of Teacher Grade-Iii At Respondent No.4 School Till 07/07/2011)
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur
2. Director, Elementary Education, Department Of Education, Bikaner
3. District Education Officer (Elementary), Education Department, Jodhpur, Near Ummaid Club, Jodhpur, Rajasthan
4. Secretary Of The Management Committee Of Phoolchand Girls Upper Primary School, Singhpole, Jodhpur, District Jodhpur, Rajasthan. (Which Is Governed And Controlled By Respondent No.5)
5. Secretary, Shri Osawal Kanya Shiksha Pracharini Sanstha, Rainbow House, Paota C Road, Jodhpur, Rajasthan
----Respondents (9) S.B. Civil Writ Petition No. 12643/2018 Vijay Mehta W/o Uchhab Raj Mehta, Aged About 67 Years, 75-A, Section Seven Extension, New Power House Road, Jodhpur.
----Petitioner Versus
1. State Of Rajasthan, Through The Director, Elementary Education, Bikaner, Rajasthan.
2. The Secretary, Shree Mahalaxmi Balika Senior Secondary School, E Sector, Pratap Nagar, Jodhpur, Rajasthan. (Which Is Governed And Controlled By Respondent No. 3)
3. The Management Committee, Shree Mahalaxmi Shikshan Sansthan School, E Sector, Pratap Nagar, Jodhpur.
4. The Principal Secretary To The Govt, Government Of Rajasthan, Secretariat Rajasthan, Jaipur, (Raj.)State Of Rajasthan.
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----Respondents
(10) S.B. Civil Writ Petition No. 2392/2019
1. Vandana Parasar W/o Nikhil Parasar, Aged About 50 Years, By Caste Parasar, R/o C-1-58, Kamla Neharu Nagar, Extension, Jai Narain Vyas Senior Secandary School, At Present Working On The Post - Grade Iiird Teacher In Govt Upper Primary School Kerela Nadi Doli Tehsil Luni District Jodhpur (Raj.).
2. Smt Padma Changani W/o Rakesh Vyas, Aged About 48 Years, By Caste Pushkarna Brahmin R/o P.w.d. Colony Near, Ram Mandir, Appointed 30.11.1992 On Grade Iiird Jai Narain Vyas Senior Secondary, Retired On 07.07.2011 Joined Present Working At Govt Upper Primary Chool Thoriyo Ki Thani, Kajnau Kalla Tehsil Bavdi District Jodhpur (Raj.).
3. Smt Ratan Purohit W/o Shri Devendra Kumar, Aged About 68 Years, By Caste Purohit - Pushkarna Brahmin, R/o Near Lakji Ki Pole, Khanda Falsa Jodhpur (Raj.), Retired On 31.07.2018, Jai Narain Vyas Senior Secondary School Retired Iind Grade.
4. Smt. Savitri Mootha W/o Dr. S.s. Mootha, Aged About 68 Years, By Caste Pushkarna Brahmin R/o Bhagat Ki Kothi, Vistar Yojana, Jodhpur (Raj.), First Appointed On 25.08.1981 Teacher Grade Iiird
5. Lrs Of Late Chand Kaur Bohra, (Death On 03.10.2012, Retired On Post Of Iind Grade Teacher, 31.07.2007), R/o Bhajan Chouki, Kallo Ki Gali, Jodhpur.
6. Kailash Chandra Bohra (Husband). S/o Gulraj Ji Bohra, Aged About 78 Years, Bhajan Chouki, Kallo Ki Gali, Jodhpur.
7. Pankaj (Son). S/o Kailash Chandra Bohra, Bhajan Chouki, Kallo Ki Gali, Jodhpur.
8. Smt. Santosh Changani W/o Ramesh Chandra Ji Changani, Aged About 55 Years, R/o Narshing Dara Kabutron Ka Chouk Jodhpur Joined On Dated 08.07.2011 In Govt Balika Vidhyalaya, Sawara - Village Bap Tehsil Bap District Jodhpur (Raj.).
9. Dr. Anju Ojha W/o Rajesh Bhatt, Aged About 61 Years, By Caste Bhatt - Shrimali Brahmin R/o Chandpole Police Chouki, Jodhpur (Raj.), Relieved 30.06.2011 Joined Govt
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School Working At Present, Govt Upper Primary School, Badli Tehsil Mandore, District Jodhpur (Raj.).
10. Smt. Shakuntala Vyas W/o Shri Kailashnath Vyas, Aged About 62 Years, By Caste Pushkarna Brahmin, R/o Nathavato Ki Badi, Natho Ka Badh, Jodhpur Retired On 31.05.2016, Govt Primary School, Mandala - Kalla Tehsil Dechu District Jodhpur (Raj.). Grade Iind Teacher.
----Petitioners Versus
1. The Director, Elementary Education, Bikaner (Raj.)
2. The Principal Secretary, (Elementary Education), Education Department, Secretariat, Jaipur (Raj.).
3. Shri Jai Narayan Vyas Girls Secondary School, Through The Secretary, Management Committee, Jalori Gate, Jodhpur (Raj.).
4. The Secretary, Management Committee, Shri Jai Narayan Vyas Girls Secondary School, Jalori Gate, Jodhpur (Raj.)
5. The District Education Officer, Education Department Elementary (H.d.), Near Ummaid Club, Gau Sala Maidan, Rai Ka Bagh, Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Ranjeet Joshi with Mr. Abhijeet Joshi with Mr. Kapil Bissa Mr. Mukesh Rajpurohit For Respondent(s) : Mr. G. S. Chouhan for Mr. K. K. Bissa Mr. Idrish Mohammed for Ms. Vandana Bhansali Mr. Anil Vyas
JUSTICE DINESH MEHTA Order 16/07/2021
It is submitted by learned counsel for the petitioners that the
issue raised in the present writ petitions 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
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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 petitioners 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.
In view of the above, the writ petitions filed by the
petitioners are 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."
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In the circumstances of the case needful may be done within
a period of three months from the date of this order.
Stay applications also stand disposed of.
(DINESH MEHTA),J 119 to 128-SKM/-
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