Rajasthan High Court - Jodhpur
Jugal Kishore Tiwari vs State Of Rajasthan on 16 March, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18051/2018
Jugal Kishore Tiwari S/o Sh. Mangi Lal, aged about 60 Years, 9A,
Shanti Sadan, Bhati Kan Singh Colony, Nayapura Jodhpur.
----Petitioner
Versus
1. State of Rajasthan, through the Secretary, Elementary
Education Govt. of Rajasthan, Jaipur.
2. The Director, Elementary Education, Bikaner.
3. District Education Officer, Elementary Education, Jodhpur.
4. The Veer Educational Society, Maderna Colony, Jodhpur
through its Secretary.
----Respondents
For Petitioner(s) : Mr. Pramendra Bohra
For Respondent(s) : Mr. K.K. Bissa
HON'BLE MS. JUSTICE REKHA BORANA
Order
16/03/2022
The case of the present petitioner is that he was appointed
with the respondent No.4 - Institute on 27.12.1990. In the year
2011, in terms of the scheme of the State Government, he was
absorbed under the Rajasthan Voluntary Rural Education Service
Rules, 2010 in the Government School and joined as such. He
superannuated on 31.08.2018 and after his superannuation, he
raised his claim for retiremental benefits and other benefits before
the Institute but the same remain unpaid till date.
Counsel has relied upon the judgment passed by the Division
Bench of this Court in D.B.Special Appeal (Writ) No.663/2015
(State of Rajasthan & Anr. Vs. The Management Committee
Sh. Bhagwan Das Todi College) and other connected appeals
decided on 06.11.2015, which had further been affirmed in D.B.
(2 of 3) [CW-18051/2018]
Special Appeal Writ No.280/2021 (Managing Committee
Vs. Ganshyam Sharma & Anr.) and other connected appeals
decided on 17.12.2021.
Counsel for the respondents submits that it is not in dispute
that the controversy would be covered by the judgment of
Bhagwandas Todi's case but on the same hand he submits that
no claim whatsoever had been forwarded to the State Government
by the Institute and therefore, the same could not have been
considered by the State Government.
It is relevant to note that none appears on behalf of the
respondent No.4, Institute, despite service.
It is admitted that the controversy in question is covered by
Bhagwan Das Todi's case, therefore, in the interest of justice, it
would be expedient to dispose of the present writ petition with the
following directions:
(i) The petitioner would move a representation raising all his
claims before the respondent No.4 Institute within a period
of two weeks.
(ii) The respondent Institute after receipt of the said
representation/claim of the petitioner shall prepare due
drawn statement of the petitioner employee in regard to the
dues which are expenditure to the extent of grant-in-aid and
send the same to the State Government and the State
Government after its due verification from its record shall
make payment to the employee under intimation to the
institution.
(iii) The respondent No.4 Society/Institute shall make the
payment qua its 50 per cent share to the employee, if the
same remains due, within a period of two months from the
date of this Order failing which the same would be payable
along with an interest @ 9% per annum.
(3 of 3) [CW-18051/2018]
With these observations, the present petition is disposed of.
All pending applications also stand disposed of.
(REKHA BORANA),J
22-AnilKC/-
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