Rajasthan High Court - Jodhpur
Vinita Karwa vs State And Ors on 23 May, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6502/2018
Vinita Karwa W/o Shri Rajendra Karwa, Resident Of Plot No. 12,
Behind Mahesh Hostal, Bombay Motor Choraha, Jodhpur
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan Through Secretary, Secondary
Education Department, Govt. Of Rajasthan, Jaipur.
2. Director, Secondary Education, Education Directorate,
Bikaner.
3. District Education Officer, Secondary Education, Jodhpur.
4. Shri Mahesh Shiksan Sansthan, Opposite Ummaid
Hospital, Jodhpur Through Its Secretary.
----Respondents
For Petitioner(s) : Ms. Madhu Khatri
For Respondent(s) : Mr. Sarwan Kumar for
Mr. Hemant Choudhary
Mr. Sachin Saraswat
HON'BLE MS. JUSTICE REKHA BORANA
Order
23/05/2022
Counsel for the petitioner as well as counsel for the
respondent-Institute and State agreed to the fact that the
controversy in question is covered by the ratio as laid down in the
case of State of Rajasthan & Anr. vs. Management
Committee Sh. Bhagwan Das Todi College; D.B. Civil Special
Appeal No.663/2015 decided on 06.11.2015 and D.B. Special
Appeal (Writ) No.280/2021 (Managing Committee vs.
Ghanshyam Sharma & Anr.) decided on 17.12.2021.
(2 of 3) [CW-6502/2018]
Admittedly, the present matter is covered by the judgments
as mentioned above.
In view of the same, the present writ petition is allowed and
it is directed that:
(i) the Managing Committee shall prepare due drawn
statement of the employees 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 employees
under intimation to the petitioner-institution.
(ii) The Managing Committee shall make the payment qua its
20 per cent share to the employees, 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.
The complete exercise as mentioned in point (i) above would
be completed by the Managing Committee within a period of one
month and by the State Government within a period of three
months thereafter.
At this juncture it has been submitted by counsel for the
respondent No.4 that the service record and other documents
pertaining to all the employees have been submitted by the
Institute to the State Government vide its communication dated
16.09.2011 and therefore, the Institute is not in a position to
prepare the due drawn statement of the employees.
In view of the submissions made, it is directed that the
Institute would submit a written request to the State Government
for return of the said documents which would be immediately
complied with by the State Government and all the documents
(3 of 3) [CW-6502/2018]
would be returned to the Institute within a period of three weeks
of the request letter being received by the office of the State
Government. The abovementioned limitation as provided to the
institute would thereafter commence.
(REKHA BORANA),J
36-T.Singh, Abhishek/-
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