Rajasthan High Court - Jodhpur
Managing Committee, Seth G.L. ... vs S.L. Wadhwa on 5 December, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Writ Petition No. 2971/2020
Managing Committee, Seth G.L. Bihani S.d. (Pg) College, Sri
Ganganagar, through its President, Jaideep Bihani S/o Late Shri
Sushil Kumar Bihani, by caste Maheshwari, aged about 54 years,
R/o 14 Public Park, Swami Dayanand Marg, Sriganganagar.
----Petitioner
Versus
1. S.L. Wadhwa S/o Late Shri Khandu Ram Wadhwa, Resident
of 5-M-32 Jawahar Nagar, Sriganganagar (Raj.).
2. The Commissioner College education, Government of
Rajasthan, Jaipur.
----Respondent
For Petitioner(s) : Ms. Madhu Khatri for Mr. Sanjeet
Purohit
For Respondent(s) : Mr. Himanshu Shrimali, AGC
Mr. Dron Kaushik
HON'BLE MS. JUSTICE REKHA BORANA
Order
05/12/2022
This writ petition has been filed by the petitioner aggrieved
against judgment dated 13.12.2019, passed by the Rajasthan
Non-Government Educational Institutions Tribunal, Jaipur, ('the
Tribunal'), whereby the directions have been given by the Tribunal
to grant benefit of Career Advancement Scheme and to make
payment of amount of gratuity, leave encashment and arrears of
salary based on Rajasthan Civil Services (Revised Pay- Scales)
Rules, 2008.
It has further been directed that respondent No.1 would be
entitled to interest @ 6% per annum on the amount due,
pertaining to all the three. Further directions have been given to
(2 of 3) [CW-2971/2020]
the respondent- Commissioner College Education to ensure that
compliance be made by the petitioner herein.
It is submitted by learned counsel for the respondent No.1
that the issue raised in the present writ petition is covered by
order of this Court in Managing Committee, Rajasthan Mahila
Parishad Vs. Director Elementary Education Rajasthan,
Bikaner & Ors.: S.B. Civil Writ Petition No. 4342/2015,
decided on 9.11.2016, wherein in similar nature judgments passed
by the Tribunal, the writ petitions filed by the petitioner-Society
have been partly allowed and directions have been issued.
Learned counsel for the petitioner submits that though the
issue raised in the present writ petition is covered by judgment in
the case of Managing Committee, Rajasthan Mahila Parishad
(supra), however despite the fact that Division Bench judgment of
this Court in State of Rajasthan & Anr. Vs. The Management
Committee Sh. Bhagwan Das Todi College: D.B. Special
Appeal (Writ) No. 663/2015, decided on 6th November, 2015
at Jaipur bench was cited before the Tribunal, consequential
directions qua respondent No.2 were not issued by the Tribunal
and, therefore, directions in this regard may be issued to
respondent No.2 as well.
In view of the submissions made, the writ petition filed by
the petitioner is disposed of in light of and with the similar
directions as issued in the case of Managing Committee,
Rajasthan Mahila Parishad (supra), wherein it has been
directed as under:
"In view of the above discussion, the writ
petitions filed by the petitioner Institution are
partly allowed. The orders dated 9/12/2014
passed by the Tribunal are set aside to the
(3 of 3) [CW-2971/2020]
extent it provides for payment of interest on
leave encashment dues as well as arrears of
salary based on revised pay scales, however,
the direction to the extent of payment of
interest on the amount of gratuity is upheld. The
respondents No.2 would be entitled to interest
@ 6% p.a. on the amount of gratuity payable to
them. The amount of gratuity as well as interest
thereon shall be paid to the respondents No.2
by the petitioner Institution within a period of
three months. The amount, if any, deposited by
the petitioner Institution with the Executing
Court pursuant to the directions issued by the
Tribunal be adjusted in the amount payable to
the respondents No.2."
It is further directed that as laid down/ directed by Division
Bench in the case of Management Committee Sh. Bhagwan
Das Todi College (supra), the State Government would after due
verification from the records based on the information supplied by
the petitioner-Institution will make payment of arrears to
the employee and it shall not be pre-requisite for Institution to
first make payment and then seek reimbursement from the
respondent-State.
(REKHA BORANA),J
33-AnilKC/-
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