The Managing Committee vs The Director
2021 Latest Caselaw 9941 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6757/2021

The Managing Committee, Shree J.b. Senior Secondary School, Ladnun, Nagaur Through Its Power Of Attorney Holder Shri Rajendra Kumar Chotia S/o Shri Ram Niwas Sharma, Aged About 48 Years, Resident Of Shraddha Nikunj, Current Balaji Road, Ladnun, Nagaur.

----Petitioner Versus

1. The Director, Secondary Education, Bikaner.

2. Jagdish Ram S/o Shri Sukhdev Ram, Resident Of Maya Nagar, Ward No. 25, Ladnun, District Nagaur.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki, through Cisco Webex App

JUSTICE DINESH MEHTA

Order

01/07/2021

1. Learned counsel for the petitioner submits that in the light of

the Division Bench judgment of this Court rendered in the case of

State of Rajasthan & Anr. Vs. The Managment Committee

Sh. Bhagwan Das Todi College, reported in 2016(2) WLC (Raj.) 1,

the petitioner-institution is required to pay only 20% of the

amount, the rest is required to be given by the State Government.

2. He further invited Court's attention towards the judgment

dated 29.11.2016 in the case of Managing Committee,

Sh.Hanwant Sr. Secondary School Vs. Rajasthan Non-Government

Education Institutions Tribunal, Jaipur & Ors. to contend that no

interest is payable on the amount of TA & DA.

3. The matter requires consideration.

(2 of 2) [CW-6757/2021]

4. Admit. Issue notice. Issue notice of the stay application.

5. Meanwhile, if petitioner makes payment of its share as per

rules (20% of the amount), recovery of the amount pursuant to

the impugned order dated 10.02.2021 from the petitioner shall

remain stayed.

6. It is further ordered that no coercive measure shall be taken

for recovery of amount of the interest on TA & DA.

(DINESH MEHTA),J 21-Amar/-

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