Rajasthan High Court - Jodhpur
Surendra Singh Chouhan vs State Of Rajasthan on 2 May, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1572/2020
Surendra Singh Chouhan S/o Shri Brajraj Singh, Aged About 65
Years, Resident Of Z-A, Gandhi Colony, Karni Nagar, Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Govt. Of Rajasthan, Jaipur.
2. The Director, Elementary Education, Govt. Of Rajasthan,
Bikaner.
3. Rao Tularam Rasht Unnati School No. 2, Patel Nagar,
Bikaner Through Its Mantri, Bikaner.
----Respondents
For Petitioner(s) : Mr. Mahesh Thanvi.
For Respondent(s) : Mr. G.S. Chouhan for
Mr. K.K. Bissa.
Mr. Abhishek Purohit for
Mr. Rohit Mutha.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
02/05/2022
Mr. K.K. Bissa and Mr. Rohit Mutha put in appearance on
behalf of the respondents.
It is submitted by learned counsel for the petitioner that the
issue raised in the present writ petition is squarely covered by
order dated 17.11.2011 passed in Gordhan Mal Singhvi v. State of
Rajasthan & Ors. : S.B.C.W.P. No. 5118/218 and Division Bench
judgment in State of Rajasthan & Anr. v. The Management
Committee Sh. Bhagwan Das Todi College : D.B. Special Appeal
(Writ) No. 663/2015, decided on 06.11.2015.
(2 of 3) [CW-1572/2020]
The submissions made by learned counsel for the petitioner
regarding the issue being concluded by judgments in the case of
Gordhan Mal Singhvi (supra) and Bhagwan Das Todi College
(supra) are not disputed by learned counsel for the respondents.
In view of the above, the writ petition filed by the petitioner
is allowed in light of and with the similar directions as given in the
above cases in the following terms:-
"(1) Within 60 days from today, the respondent
No.3 shall make payment of the amount to the
petitioner towards arrears of salary as a result of
fixation under the grades under the Revised Pay
Scales Rules; towards selection grades upon
completion of 9,18 and 27 years of service;
towards leave encashment; and towards gratuity
and provident fund alongwith interest @ 12% per
annum from 23.07.2008 until the date of
payment.
(2) The respondents Nos.1 and 2 shall grant
approval and release the grant-in-aid within 60
days from the date of the respondent No.3
submitting in its claim in accordance with the
provisions of the Rules of 1993 and the
applicable decisions."
Further, the respondents are also directed to comply with the
direction as given/observations made in the case of Bhagwan Das
Todi College (supra), wherein, inter alia, the following direction
have been given regarding payment:-
"The Special Appeals filed by the State
Government are without substance and
accordingly dismissed and taking note of the
Sec.31(2) of the Act, 1989 we direct the Non-
(3 of 3) [CW-1572/2020]
Government Educational Institutions to prepare
due drawn statement of each of the employees
of their Institution who have worked against
sanctioned & aided posts in regard to their
arrears of salary and other dues which are
approved expenditure to the extent of grant-in-
aid and the same be sent to the State
Government and the State Government after its
due verification from their records will make
payment of arrears to each of the employee
who either have now become members of
Rules, 2010 or have retired or left the job (upto
the period one has worked) and to other
employees similarly situated under intimation to
the concerned Non-Government Recognized
Institution."
In the circumstances of the case needful may be done within
a period of three months from the date of this order.
(ARUN BHANSALI),J
133-pradeep/-
Powered by TCPDF (www.tcpdf.org)
