Rajasthan High Court - Jodhpur
Smt. Kamala Bhutra vs Shri Mahalaxmi Shikshan Sansthan ... on 28 July, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2599/2016
Smt. Kamala Bhutra W/o Shri Kanhaiyalal Bhutra, aged about 68
years, resident of Opposite Balwadi School, Inside Jaloregate,
Jodhpur (Raj.).
----Petitioner
Versus
1. Shri Mahalaxmi Shikshan Sansthan (Earlier called as "Shri
Mahalaxmi Balika Senior Secondary school"), Sector-E,
Pratap Nagar, Jodhpur (Raj.).
2. The District Education Officer, Secondary Education,
Ratanada, Jodhpur (Raj.).
3. The Director, Secondary Education, State of Rajasthan,
Bikaner (Raj.).
4. State of Rajasthan, through Secretary, Department of
Secondary Education, Secretariat, Jaipur (Raj.).
----Respondent
For Petitioner(s) : Mr. Sanjeev Johari
For Respondent(s) : Mr. Kapil Purohit
JUSTICE DINESH MEHTA
Order
28/07/2021
1. 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
(2 of 3) [CW-2599/2016]
Mal Singhvi (supra) and Bhagwan Das Todi College(supra) are not
disputed by learned counsel for the respondents.
2. 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."
3. 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."
(3 of 3) [CW-2599/2016]
4. In the circumstances of the case needful may be done within
a period of three months from the date of this order.
5. Stay application also stands disposed of.
(DINESH MEHTA),J
319-skm/-
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