Shree Mahaveer Senior Secondary ... vs The Director, Secondary ...
2022 Latest Caselaw 1149 Raj

(1 of 10) [CW-17820/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17820/2019

Shree Mahaveer Senior Secondary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

----Petitioner Versus

1. The Director, Secondary Education, Bikaner, Rajasthan.

2. Vipin Kumar Jain S/o Shri Rama Shankar,, By Caste Jain, Resident Of Subhkamna, Current Balaji Road, Ladnu, District Nagaur.

----Respondents Connected With S.B. Civil Writ Petition No. 17821/2019 Shree Mahaveer Senior Secondary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

----Petitioner Versus

1. The Director, Secondary Education, Bikaner, Rajasthan.

2. Bahadur Singh S/o Shri Dal Chand Ji,, Resident Of Asha Current Balaji Road, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17822/2019

1. Shree Mahaveer Senior Secondary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

2. Management Committee, Shri Digamber Jain Siksha Pracharak Trust, Kolkata Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

----Petitioners Versus

1. The Director, Secondary Education, Bikaner, Rajasthan.

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2. Ram Chandra Prajapati S/o Shri Sugan Chand, Resident Of Kumharon Ka Mohalla, Nagpuriyon Ki Gali, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17823/2019

1. Shree Mahaveer Upper Primary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, B/c Jain R/o Ladnu District Nagaur.

2. Management Committee Shri Digamber Jain Siksha Pracharak Trust, Kolkata Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, B/c Jain R/o Ladnu District Nagaur.

----Petitioners Versus

1. The Director, Elementary Education, Bikaner, Rajasthan.

2. Sanjay Kumar Jain S/o Shri Tara Chand Ji, R/o Village Lamba Harisingh, Tehsil Malpura, District Tonk.

----Respondents S.B. Civil Writ Petition No. 17826/2019

1. Shree Mahaveer Upper Primary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu, District Nagaur.

2. Management Committee Shri Digamber Jain Siksha Pracharak Trust, Kolkata, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu, District Nagaur.

----Petitioners Versus

1. The Director, Elementary Education, Bikaner, Rajasthan.

2. Sanjeev Jain S/o Shri Devendra Kumar Jain,, Resident Of Village Daga Ki Gali, Near Bada Jain Mandir, Sarawagi Bas, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17827/2019

1. Shree Mahaveer Upper Primary School, Ladnu, Through

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Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, B/c Jain R/o Ladnu District Nagaur.

2. Management Committee Shri Digamber Jain Siksha Pracharak Trust, Kolkata Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, B/c Jain R/o Ladnu District Nagaur.

----Petitioners Versus

1. The Director, Elementary Education, Bikaner, Rajasthan.

2. Peeramal Dayma S/o Shri Narayan Prasad, R/o Ward No.

21. Birol Road, Chuna Chowk, Nawalgarh, District Jhunjhunu.

----Respondents S.B. Civil Writ Petition No. 17828/2019

1. Shree Mahaveer Senior Secondary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

2. Management Committee, Shri Digamber Jain Siksha Pracharak Trust, Kolkata Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

----Petitioners Versus

1. The Director, Secondary Education, Bikaner, Rajasthan.

2. Ratan Lal Soni S/o Shri Durgadutt Soni, By Caste Soni, Resident Of Behind Sainik School, Ward No. 24, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17829/2019

1. Shree Mahaveer Upper Primary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, B/c Jain R/o Ladnu District Nagaur.

2. Management Committee Shri Digamber Jain Siksha Pracharak Trust, Kolkata Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, B/c Jain R/o Ladnu District Nagaur.

                                       (4 of 10)                  [CW-17820/2019]


                                                                ----Petitioners
                                 Versus

1. The Director, Elementary Education, Bikaner, Rajasthan.

2. Laxmikant Bhojak S/o Shri Mangi Lal Bhojak, R/o Village Bhojak Colony, Near Railway Station, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17830/2019

1. Shree Mahaveer Upper Primary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu, District Nagaur.

2. Management Committee Shri Digamber Jain Siksha Pracharak Trust, Kolkata, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu, District Nagaur.

----Petitioners Versus

1. The Director, Elementary Education, Bikaner, Rajasthan.

2. Dhirendra Kumar Jain S/o Shri Jai Pakash Jain,, Resident Of C/o Milap Stationer, Behind State Bank Of India, Rahu Gate, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17832/2019

1. Shree Mahaveer Senior Secondary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

2. Management Committee, Shri Digamber Jain Siksha Pracharak Trust, Kolkata Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

----Petitioners Versus

1. The Director-Cum-Commissioner, Secondary Education, Bikaner, Rajasthan.

2. Jai Singh Chouhan S/o Shri Bajrang Singh Chouhan,

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Resident Of Maliyon Ka Bas, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17833/2019

1. Shree Mahaveer Senior Secondary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

2. Management Committee Shri Digamber Jain Siksha Pracharak Trust, Kolkata, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

----Petitioners Versus

1. The Director Cum Commissioner, Secondary Education, Bikaner, Rajasthan.

2. Mahaveer Prasad Swami S/o Shri Vallabhdas Swami, By Caste Swami, Resident Of Parkihon Ka Naya Bas, Near Power House, Ladnu, District Nagaur.

----Respondents S.B. Civil Writ Petition No. 17834/2019

1. Shree Mahaveer Senior Secondary School, Ladnu, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

2. Management Committee Shri Digamber Jain Siksha Pracharak Trust, Kolkata, Through Power Of Attorney Holder Anil Kumar Jain S/o Shri Kanwar Lal Pahadiya, Age About 50 Years, By Caste Jain, R/o Ladnu District Nagaur.

----Petitioners Versus

1. The Director Cum Commissioner, Secondary Education, Bikaner, Rajasthan.

2. Sanjay Kumar Jain S/o Shri Dharmchand Godha, Resident Of Maliyon Ka Bas, Ladnu, District Nagaur.

                                                              ----Respondents





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For Petitioner(s)        :     Mr. Vishal Sharma on VC
For Respondent(s)        :     Mr. Hemant Choudhary, GC a/w
                               Mr. Vishal Jangid, Dy. GC on VC
                               Mr. Sushil Solanki on VC
                               Ms. Bhawna Jangid on VC
                               Mr. Yogendra Singh Charan on VC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

25/01/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, lawyers have been advised to

refrain from coming to the Courts.

The brief facts as noticed by this Court are that the

petitioner-institution was in existence from more than 110 years,

but has now been closed since 01.07.2011. After a prolonged

litigation between the teachers and the Institution, Rajasthan

Non-Government Education Tribunal, Jaipur passed the judgment

on 13.12.2017 allowing the payments of salary, gratuity, selection

grade etc.

Mr. Vishal Sharma, learned counsel for the petitioner makes

a categorical statement that he is not challenging the order of

Tribunal on merits, which has been passed on 13.12.2017.

Upon such statement, the contest over the rights accrued

out of the judgment passed by the Tribunal comes to an end and

is no more required to get adjudicated.

Learned counsel for the petitioner submits that only prayer of

the petitioner-Institution is that the execution proceedings, which

are being initiated by the Civil Judge, Ladnu in execution petition

no.2/2018 and other analogous execution petitions be stayed, as

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the execution court has passed the order of attachment and

auction of the property in question on different dates.

Learned counsel for the petitioner further submits that since

the Institution is closed since 2011 and the liability accrued has to

be borne by the Institution, therefore, the petitioner be permitted

to sell a part of the property situated at Khasra No.1528 in Ladnu

measuring about 02 bigha, 13 biswa and Khasra No.1673

measuring about 27.08 bigha.

Learned counsel for the petitioner submits that as per his

instructions the petitioner is confident that if he is permitted to

sell 9 bigha of land out of total 27.08 bigha land situated at

Khasra No.1673, he shall be in a position to satisfy the total claim

of all private teachers in this particular matter and the matters

attached to the extent of liability of the petitioner.

Learned counsel for the petitioner further submits that the

petitioner be given two months' time to complete the sale of

aforesaid 9 bigha of land which shall satisfy the complete liability.

Learned counsel for Secondary Education and Elementary

Department categorically state that they already have the

complete details of the payment to be made, which is the due

drawn statement, to the teachers and the same shall be provided

to the executing court within a period of 30 days from today, if not

already completed.

Learned counsel Mr. Sushil Solanki and Mr. Yogendra Singh

Charan, who are representing the teachers do not object to the

proposal of sale of 9 bigha given by the counsel for the petitioner

and fairly submits that the outcome of the sale proceeds be given

to the teachers so as to satisfy their claims.

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After hearing learned counsel for the parties at length and

perusing the record of the case, this Court finds that the compass

of the controversy is very narrow, as the teachers' right has been

crystallized by the judgment of Rajasthan Non-Government

Education Tribunal, Jaipur, which is not under challenge. The

limited challenge before this Court is the process of execution,

which involves auction and attachment of the property of the

petitioner-institution, which they seek to sell by themselves, while

assuring that they shall clear all the requisite dues as ordered by

the executing court arising on the part of the institution to the

respective teachers.

On the aforesaid observations and submission, the present

writ petitions are allowed with following directions;

(i) The complete details of the payment due as per the

order of Rajasthan Non-Government Education Tribunal,

Jaipur be prepared by the executing court within a period of

30 days from today with the help of the Secondary Education

and Elementary Department.

(ii) The Secondary Education and Elementary Department

shall furnish all the details regarding the requisite dues

arising out of the Tribunal's order, which has to be paid to

the executing court within a period of 30 days from today.

(iii) The executing court shall bifurcate the dues in

accordance with the law laid down by Hon'ble Apex Court in

State of Rajasthan & Anr. Vs. The Management Committee,

Shri Bhagwan Das Todi College reported in 2016 (2) WLC

(Raj.) 1 and inform the petitioner-institution as to what is the

amount, which is required to be paid by them to their share.

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(iv) The amount to be paid by the State shall be paid by

State within a period of three months from now and the

same shall be disbursed by the executing court by adopting

due process of law.

(v) The petitioner-Institution shall provide the executing

court with a draft sale-deed for 09 bigha of land situated at

Khasra No.1673. Executing court shall thereafter permit the

petitioner to undertake the sale of the property as described

in the sale-deed within a period of 60 days from today. The

executing court shall be free to impose any additional

conditions for ensuring smooth completion of the exercise.

The petitioner shall thereafter disburse the proceeds of sale

to the teachers in-question to satisfy the liability of the

Institution. The executing court shall thereafter record

satisfaction of the teachers regarding the due amount from

the Institution to the petitioner-institution having been

received.

(vi) The rest of attached property shall be released by the

executing court after complete payment to the teachers is

made by the institution in accordance with the conjoint

reading of law laid down in Bhagwan Das Todi (supra) and

Tribunal's order. In case, the complete amount to the share

of the institution, which has to be borne by the

petitioner-Institution itself, is not paid within a period of 60

from today then the executing court shall be free to auction

the property in question and take all steps for execution

strictly in accordance with law.

(vii) The amount of Rs.20 lacs, which has been deposited by

means of interim order of this Court before the executing

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court, shall be released to the petitioner-institution on

confirmation by the executing court that the amount due

from the institution has been paid to each of the teachers in

these matters.

(viii) The present order gives complete liberty to the

executing court to do the necessary execution to the share of

the State. The present adjudication is only with a view to

enable the Institution to clear its dues with protection to the

property of Institution. The private property is being

protected partly on the condition that petitioner shall abide

by the judgment of the Tribunal in the spirit of Bhagwan Das

Todi (supra).

In case the teachers due remains, the executing court shall

be free to go ahead with the execution proceedings regarding rest

of the land in-question.

All pending applications also stand disposed of accordingly.

(DR.PUSHPENDRA SINGH BHATI),J.

104-115-Nirmala/Sanjay/-

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