Abida Praveen Saiyed vs State Of Rajasthan
2021 Latest Caselaw 11273 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6332/2019

1. Abida Praveen Saiyed D/o Shri Kasam Bhai W/o Late Zakiudding, Aged About 60 Years, House No. 12, Opp. Nayon Ki Bagechi, Chopasani Road, Jodhpur At Present Posted As III Grade Teacher At Govt. Secondary School, Uttesar, Tehsil Luni, District Jodhpur (First Appointment Dated 01/07/1997 At Shri Lal Bahadur Shastri Balika Upper Primary School, Ratanada, Jodhpur).

2. Smt. Vimla Gaur D/o Shri Kishan Sharma W/o Shri Jyoti Prakash Gaur, Aged About 52 Years, 5-F-21, IIIrd Puliya Chopasani Road, Jodhpur (Raj.) At Present Posted As III Grade Teacher At Govt. Balika Upper Primary School, Jethani, Tehsil Dechu, District Jodhpur (First Appointment Dated 06/07/1998 At Shri Lal Bahadur Shastri Balika Upper Primary School, Ratanada, Jodhpur).

3. Smt. Meenakshi Bhargava D/o Shri V.s. Bhargaav, W/o Shri Raj Bhargav, Aged About 54 Years, 5/133, IIIrd Puliya Chopasani Road, Jodhpur (Raj.) At Present Posted As III Grade Teacher At Govt. Primary School, Jato Jaswant Singh Ki Dhani, Tehsil Shivsagar Jethaniya, District Jodhpur (First Appointment Dated 06/08/1999 At Shri Lal Bahadur Shastri Balika Upper Primary School, Ratanada, Jodhpur).

4. Rajpal Singh Yadav S/o Shri Sher Singh Yadav, Aged About 62 Years, Village Kakor Khurd, P.o. Nauli, District Auraiya (U.p.) At Present R/o Village And Post Nimbo Ka Talab, Tehsil Osiyan, District Jodhpur (Raj.). Retired As III Grade Teacher From Govt. Upper Primary School, Meghaniyon Ki Dhani, Vedu Kallan, Panchayat Samiti Vapani, District Jodhpur (First Appointment Dated 16/03/1993 At Shri Lal Bahadur Shastri Balika Upper Primary School, Ratanada, Jodhpur).

----Petitioners Versus

1. State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Director, Elementary Education, Department Of Education, Bikaner.

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3.   District    Education         Officer       (Elementary),         Education
     Department, Jodhpur.

4. Secretary, Management Committee, Shri Lal Bahadur Shastri Uppar Primary School, Ratanada, Jodhpur (Raj.).

----Respondents Connected With S.B. Civil Writ Petition No. 1107/2019

1. Preetipal Kaur D/o Shri Darshan Singh, Aged About 59 Years, B/c Sikh R/o Plot No. Sitaram Nagar Pal Basni Link Road, Jodhpur, At Present Working On The Post Of Grade 3Rd Teacher In Govt. Upper Primary School, Khara Bera, Bhimavata, Tahsil Luni, District Jodhpur 1St Date Of Appointment 10/5/98

2. Poonam Samtani @ Poonam Vaswani D/o Shri Tillumal, Aged About 45 Years, B/c Sindhi, R/o H.no. 165A, Harinagar, Birla School Road, C.h.b., Jodhpur. At Present Working As Grade 3Rd Teacher At Govt. Primary School, Chosira Bera, Birami, Tehsil Luni, District Jodhpur, 1St Dated Of Appointment 1/11/95

3. Harpinder Jeet Kaur D/o Shri Jaswant Signh, Aged About 54 Years, B/c Sikh, R/o Plot No. 23, Sitaram Nagar, Pal Basni Link Road, Jodhpur. At Present Working As Garde 3Rd Teacher At Govt. Primary School, Manju Jua Ki Dhani, Tahsil Shergarh, District Jodhpur 1St Date Of Appointment 1/2/99.

----Petitioners Versus

1. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur.

2. The Director, Elementary Education, Directorate, Bikaner.

3. The District Education Officer, Elementary Education, Jodhpur.

4. The Secretary, Shri Gurunanak National Girls Upper Primary School, Jodhpur.

5. The Secretary, Management Committee Of Shri Gurunanak Gurudwara, Jodhpur.

                                                               ----Respondents





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For Petitioner(s)          :     Mr. Abhijeet Joshi for
                                 Mr. Ranjeet Joshi



                      JUSTICE DINESH MEHTA

                                      Order

22/07/2021

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

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

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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.

Stay applications also stand disposed of.

(DINESH MEHTA),J 253-254-Amar/-

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