Rajasthan High Court - Jodhpur

Dharam Kumar Yadav vs State Of Rajasthan on 22 October, 2021

Bench: Pushpendra Singh Bhati

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16428/2019

Rajshree Suthar W/o Shri Rajendra Kumar Nagal, Aged About 49 Years, Resident Of Behind Vidhya Niketan School, Near Ramdeo Ji Temple, Purani Line, Gangasahar, 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 Connected With S.B. Civil Writ Petition No. 12701/2019 Smt. Madhu Sharma W/o Shri Vijay Sharma, Aged About 66 Years, Resident Of Hanuman Mandir Wali Gali, Jailwel, 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. 4, Rani Bazar, Bikaner Through Its Mantri.

----Respondents S.B. Civil Writ Petition No. 12728/2019 Smt. Madhu Sharma W/o Late Shri Rakesh Sharma, Aged About 67 Years, Resident Of C/o Mahendra Singh Yadav, Uit House No. 46, Durga Mata Mandir Ke Pahle Wali Gali, Bhagwanpura, Industrial Area, Rani Bazar, Bikaner.

----Petitioner Versus

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

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

3. Rao Tularam Rasht Unnati School No. 4, Rani Bazar, Bikaner Through Its Mantri, Bikaner.

----Respondents S.B. Civil Writ Petition No. 12732/2019 Ramashanker Singh S/o Shri Doodhnath Singh, Aged About 70 Years, Resident Of C/o Indersen Singh, In Front Of K.g. Complex, Industrial Area, Rani Bazar, 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. 4, Rani Bazar, Bikaner Through Its Mantri.

----Respondents S.B. Civil Writ Petition No. 16467/2019 Ambarani W/o Ramesh Verma, Aged About 65 Years, Behind Chopra Katla, Rani Bazar, 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.4, Rani Bazar, Bikaner Through Its Mantri, Bikaner.

----Respondents S.B. Civil Writ Petition No. 18134/2019 Ramgopal Yadav S/o Shri Narayan Yadav, Aged About 59 Years, R/o Behind Vasudev General Store, Patel Nagar, Bikaner.

----Petitioner Versus

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

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

3. Rao Tularam Rasht Unnati School No. 4, Rani Bazar, Bikaner Through Its Mantri Bikaner.

----Respondents S.B. Civil Writ Petition No. 18144/2019 Dharam Kumar Yadav S/o Shri Uday Chandra Yadav, Aged About 53 Years, Resident Of P-34, Patrakar Colony, Gandhi 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. 4, Rani Bazar, Bikaner Through Its Mantri, Bikaner.

----Respondents S.B. Civil Writ Petition No. 18145/2019 Jetharam S/o Shri Budharam, Aged About 68 Years, Resident Of Shri Shyam Public School, Patel 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.

----Respondents S.B. Civil Writ Petition No. 18146/2019 Diwan Singh Yadav S/o Shri Aadram Yadav, Aged About 54 Years, Resident Of P-34, Patrakar Colony, Gandhi Nagar, Bikaner.

----Petitioner Versus

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

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

3. Rao Tularam Rasht Unnati School No. 4, Rani Bazar, Bikaner Through Its Mantri, Bikaner.

----Respondents S.B. Civil Writ Petition No. 18147/2019 Bharti Yadav W/o Shri Rakesh Yadav, Aged About 60 Years, R/o Yadav Sadan, Vivek 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 S.B. Civil Writ Petition No. 18148/2019 Mithlesh Yadav S/o Shri Diwan Singh Yadav, Aged About 55 Years, Resident Of P-34, Patrakar Colony, Gandhi 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. 4, Rani Bazar, Bikaner Through Its Mantri, Bikaner.

----Respondents S.B. Civil Writ Petition No. 18152/2019 Gomti Devi W/o Shri Bhanwar Lal Gaur, Aged About 68 Years, R/o Gali No. 18, Rampura Basti, Bikaner.

----Petitioner Versus

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

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

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Bikaner.

3. Rao Tularam Rasht Unnati School No. 4, Rani Bazar, Bikaner Through Its Mantri,

----Respondents S.B. Civil Writ Petition No. 18154/2019 Ran Singh S/o Shri Sher Singh, Aged About 53 Years, Resident Of Behind Iti College, Purani Shiv Bari Road, Patel 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. 2, Patel Nagar, Bikaner Through Its Mantri, Bikaner.

----Respondents S.B. Civil Writ Petition No. 18160/2019 Tulsidas Bohra S/o Shri Jhaman Lal Bohra, Aged About 65 Years, Resident Of Khabedi, Changaniyo Ki Gali, Barah Guwad, 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. B.k. Primary School, Daga Chowck, Bikaner Through Its Mantri, Bikaner.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Mahesh Thanvi
For Respondent(s)        :     Mr. KK Bissa
                               Mr. Rohit Mutha

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

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22/10/2021 In the wake of second surge in the COVID-19 cases, the

Court is functioning virtually and abundant caution is being

maintained for the safety of all concerned.

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 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 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."

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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."