Zinc Vidyalaya Management Comm. ... vs Smt. Kamlesh Gupta
2022 Latest Caselaw 3493 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 3146/2022

1. Zinc Vidyalaya Management Committee, Rampura Agucha Mines, Rampura Agucha Mines, P.O. Agucha (Via-Hurda) District Bhilwara, Rajasthan through its Chairman Vinod Kumar, aged about 48 Years.

2. Managemant Committee of Zinc Vidyalaya, Zinc Colony, Hurda District Bhilwara, Rajasthan through its Secretary Puneet Choudhary, aged about 40 Years. (Non Applicants No.1 and 2 in Application No.325/2014)

----Petitioners Versus

1. Smt. Kamlesh Gupta W/o C.P. Gupta, Resident of 13, Prakash Colony, Near Bus Stand Bijai Nagar, Ajmer (Applicant in Application No.325/2014)

2. Director, C.B.S.E., Shiksha Kendra Community Centre, Preet Vihar, Delhi. (Non Applicant No.3 In Application No.325/2014)

3. The Rajasthan Non-Governmental Education Institutions Tribunal, Jaipur.

----Respondents

For Petitioner(s) : Mr. Akhilesh Rajpurohit.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

07/03/2022

Heard.

It is submitted by the counsel for the petitioners that the

Tribunal has directed the petitioners to make payment of the

amount of Dearness Allowance (DA) to respondent No.1 based on

her order of appointment, whereas the order of appointment was

(2 of 2) [CW-3146/2022]

modified based on a Memorandum of Understanding (MoU) and

that the respondent is being paid the DA based on the said MoU.

Further submissions have been made that the Tribunal has

wrongly held that the unsigned MoU was produced by the

petitioners, whereas the same was produced by the respondent

No.1 herself alongwith her petition and that the signed MoU of the

petitioner has been filed alongwith present petition as Annex.5,

and therefore, the plea raised by the respondent No.1 has no

substance.

Further submissions have been made that in view of

judgment in Rekha Dewani & Anr. vs. State of Rajasthan & Ors. :

D.B. Civil Writ Petition No.9489/2013 decided on 26.05.2015 at

Jaipur Bench also, the respondent is not entitled to the relief, as

given by the Tribunal.

In view of submissions made, issue notice. Issue notice of

stay petition. Notices are made returnable within four weeks.

Notices when issued, be given 'Dasti' to the counsel for the

petitioners for service upon the respondents.

In the meanwhile and till further orders, execution of the

judgment dated 15.12.2021 (Annex.7) passed by respondent-

Tribunal shall remain stayed.

(ARUN BHANSALI),J 175-DJ/-

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