Rajasthan High Court - Jodhpur
Smt. Durga Devi Bhati vs State Of Rajasthan on 27 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15025/2021
Smt. Durga Devi Bhati W/o Late Shri Yatish Kumar Bhati, Aged
About 55 Years, Resident Of Street No. 17, Near Choudhary Floor
Mill, Rampura Basti, Lalgarh, 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
For Petitioner(s) : Mr.Mahesh Thanvi
For Respondent(s) : Mr. KK Bissa
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
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 petitioner regarding
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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."
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
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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.
(DR.PUSHPENDRA SINGH BHATI),J.
75-Sudheer/-
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