Managing Committee, Shri Ramrikh ... vs Smt. Preeti Kana Bose W/O Shri R.B. ...
2022 Latest Caselaw 6638 Raj/2

Citation : 2022 Latest Caselaw 6638 Raj/2
Judgement Date : 13 October, 2022

Rajasthan High Court

Managing Committee, Shri Ramrikh ... vs Smt. Preeti Kana Bose W/O Shri R.B. ... on 13 October, 2022

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 3985/2022

Managing Committee, Shri Ramrikh Das Poddar Balika Vidya
Mandir Senior Secondary School, Fatehpur Shekhawati District
Sikar Through Its Secretary
                                                                   ----Petitioner
                                   Versus
1.     Smt. Preeti Kana Bose W/o Shri R.b. Giri, Resident Of A-
       30, Shyam Nagar, Near Shubham Resort Deoli Arab Road,
       Barkhera, Kota.
2.     The   Director,    Secondary          Education,         Government    Of
       Rajasthan, Bikaner.
                                                                ----Respondents

For Petitioner(s) : Mr. Ajay Raj Tantia. For Respondent(s) : Mr. S. Zakawat Ali, AGC.

Mr. Rakesh Kumar Sharma.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

13/10/2022

Counsel for the petitioner submits that the issue involved in

this writ petition has been considered and decided by the Co-

ordinate Bench of this court in the matter of Dr. Babu Lal Sethi Vs.

State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1823/2017

along with other connected matters) wherein on 17.02.2022, the

following order was passed:-

"In view thereof, with the consent of the learned counsels for the respective parties, all these matters are being disposed of with following directions:

(i) The employees/Managing Committees of the aided educational institutions shall submit their claim with the respondents within a period of 15 days from today.

           However,     claim     of  any     of   the


                                                                                 (2 of 2)                      [CW-3985/2022]

employees/Managing Committee of an aided education institutions shall not be rejected merely on account of its submission beyond the aforesaid period of 15 days.

(ii) The State Government shall ensure payment of dues barring gratuity to the employees of the aided institutions in terms of directions issued by the learned Tribunal after verifying the claim so made within a period of 60 days of its submission.

(iii) The State Government shall, in accordance with law, be entitled to recover this amount from the institutions, if such institution had drawn grant-in-aid in excess of its entitlement.

(iv) The State Government shall ensure payment of arrears of grant-in-aid to those education institutions who have already paid the entire dues of their employee(s).

(v) The aforesaid payment of the grant- inaid to the educational institutions shall be payable only if they pay, if not already paid their share of the dues to their employees, within a period of 60 days from today.

(vi) The directions issued by the learned Tribunal to the contrary, shall stand modified accordingly except qua gratuity.

(vii) If the directions are not complied with within the stipulated period, the dues of the employees/arrears of grant-in-aid shall carry interest @ of 9% per annum from today."

Counsel for the respondents has not disputed the

submissions made by the counsel for the petitioner.

In that view of the matter, this writ petition is disposed of in

view of the judgment passed by the Co-ordinate Bench of this

court in the matter of Dr. Babu Lal Sethi (supra).

(INDERJEET SINGH),J

MG/59