State Of Rajasthan vs Lrs Of Durga Das Gandhi
2022 Latest Caselaw 6360 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Review Petition (Writ) No. 59/2020

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

2. Director, Secondary Education, Education Directorate, Bikaner.

3. District Education Officer, Secondary Education, Jodhpur.

----Petitioners Versus

1. Lrs Of Durga Das Gandhi, Smt. Kamla Gandhi W/o Late Shri Durga Das Gandhi, B/c Gandhi, R/o 17/285, Chopasani Housing Board, Jodhpur.

2. Shri Mahesh Shikshan Sansthan, Opposite Umaid Hospital, Jodhpur Through Its Secretary.

----Respondents

For Petitioner(s) : Mr. Hemant Choudhary, GC.

For Respondent(s)        :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

29/04/2022

This review petition has been filed by the respondent Nos. 1

to 3 in SBCWP No. 1053/2019 decided on 23.1.2019.

Learned counsel for the petitioner made submissions that the

writ petition filed by LRs of Durga Das Ghandi was decided

following order in the case of Gordhan Mal Singhvi v. The State of

Rajasthan & Ors. : SBCWP No. 5118/2008 and Division Bench

judgment in the case of State of Rajasthan & Anr. v. The

Management Committee Shri Bhagwan Das Todi College: DBSAW

No. 663/2015, decided on 6.11.2015.

(2 of 3) [WRW-59/2020]

The Court, inter alia, quoted the directions given in the case

of Gordhan Mal Singhvi (supra) and required the respondents to

comply with the observations made in the case of The

Management Committee Shri Bhagwan Das Todi College (supra)

as well.

Submissions have been made that the petitioners in SBCWP

No. 1053/2019 based on the fact that in the case of Gordhan Mal

Singhvi (supra) directions were given to respondent No. 3 to inter

alia make payment of gratuity, which in the said case was Non-

Government Educational Institution is seeking to enforce said

direction against the petitioners on account of the fact that in the

present petition, the respondent No. 3 was District Education

Officer, Secondary Education, Jodhpur and, therefore, the order

dated 23.1.2019 passed by this Court requires review.

I have considered the submissions made by the learned

counsel for the petitioner and have perused the order dated

23.1.2019 as well as the order passed in the case of Gordhan Mal

Singhvi (supra).

A perusal of the order passed in the case of Gordhan Mal

Singhvi (supra) reveals that in the said case, it was the Non-

Government Education Institution, who was respondent No. 3, to

whom the directions were given by the Court.

In the present case, merely because respondent No. 3 is

District Education Officer, Secondary Education, Jodhpur, the said

aspect cannot require the District Education Officer to make

payment of amount of gratuity, which amount is required to be

paid by the Non-Government Education Institution. The rest of the

amount of course would be governed by the directions in the case

(3 of 3) [WRW-59/2020]

of The Management Committee Shri Bhagwan Das Todi College

(supra).

In view of the above fact situation, the order impugned, only

on account of the fact that the petitioners in SBCWP No.

1053/2013 were seeking to misconstrue the same, cannot be a

reason enough for entertaining the present review petition.

Consequently, the review petition is disposed of.

(ARUN BHANSALI),J 10-sumer/-

Powered by TCPDF (www.tcpdf.org)