The Managing Committee, Shri ... vs Smt. Saroj Bairawa Wife Of Shri ...
2022 Latest Caselaw 6797 Raj/2

Citation : 2022 Latest Caselaw 6797 Raj/2
Judgement Date : 19 October, 2022

Rajasthan High Court

The Managing Committee, Shri ... vs Smt. Saroj Bairawa Wife Of Shri ... on 19 October, 2022

Bench: Inderjeet Singh

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 11244/2021

The Managing Committee, Shri Oswal Jain Prathmik Vidhyalay,
Agarsen Marg, Alwar, Through Secretary / Manager Shri Rakesh
Bohra Son Of Shri Milap Chand Jain Aged About 45 Years.
                                                                   ----Petitioner

                                   Versus

1.    Smt. Saroj Bairawa Wife Of Shri Ramesh Chand Bairawa,
      Aged About 50 Years, Resident Of Krishi Upaj Mandi,
      Shastri Nagar, Alwar.
2.    Director, Primary Education Rajasthan, Bikaner.
                                                                ----Respondents

Connected With

S.B. Civil Writ Petition No. 11242/2021 The Managing Committee, Shri Oswal Jain Prathmik Vidhyalay, Agarsen Marg, Alwar, Through Secretary / Manager Shri Rakesh Bohra Son Of Shri Milap Chand Jain Aged About 45 Years.

----Petitioner

Versus

1. Smt. Sneh Jain Wife Of Shri Arvind Kumar, Aged About 47 Years, Resident Of Mahtab Singh Nohra, Prem Nagar, Alwar.

2. Director, Primary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 11243/2021

The Managing Committee, Shri Oswal Jain Prathmik Vidhyalay, Agarsen Marg, Alwar. Through Secretary / Manager Shri Rakesh Bohra Son Of Shri Milap Chand Jain Aged About 45 Years.

----Petitioner

Versus

1. Miss Heera Devi D/o Late Shri Shankar Lalji, Aged About 49 Years, Resident Of Vikas Path, Alwar.

2. Director, Primary Education, Rajasthan, Bikaner.

                                                                ----Respondents



                                         (2 of 3)                [CW-11244/2021]



For Petitioner(s)        :     Mr. R.C. Joshi with
                               Ms. Namita Parihar
For Respondent(s)        :     Mr. Manoj Kumar Bhardwaj
                               Mr. C.L. Saini, AAG

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

19/10/2022

Counsel for the petitioners submitted that the issue involved

in these writ petitions has been considered and decided by the

Division Bench of this Court in the matter of Managing

Committee, Agarwal Senior Secondary School Vs. Rajesh

Chandra Sharma & Anr. reported in 2022(1) WLC 28 (Raj.)

wherein it has been held as under:-

"In view of the ratio as laid down by the Hon'ble Apex Court and by the Division Bench of this Court, it can be concluded that the finding of the learned Single Judge to the effect that the principles in Bhagwan Das Todi's case would apply only to the employees absorbed with the State Government under the Rules of 2010 is incorrect. Therefore, the impugned orders dated 20.09.2019 (passed in S.B. Civil Writ Petition No.3081/2016; Managing Committee, Agarwal Senior Secondary School, Agra Road, Jaipur Versus Ghanshyam Sharma and anr., and S.B. Civil Writ Petition No.5506/2017; Managing Committee, Agarwal Senior Secondary School, Agra Road, Jaipur Vs. Rajesh Chandra Sharma and Anr.) are set aside. Writ petition of the appellant-Managing Committee is allowed. Order dated 08.11.2016 passed by the Triubnal is set aside and it is directed as under:-

(i) The Appellant Managing Committee shall prepare due drawn statement of the respondent 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

(3 of 3) [CW-11244/2021]

employees under intimation to the appellant-institution.

(ii) The appellant 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.

With these observations, the present Special Appeals are disposed of."

In that view of the matter, these writ petitions stand

disposed of in view of the judgment passed by the Division Bench

of this court in the matter of Managing Committee, Agarwal

Senior Secondary School (supra). The orders passed by the

tribunal and impugned in the present writ petitions stands

modified. The petitioner and respondent No.2 are directed to

make compliance of this order within a period of three months

from today. State respondent is directed to verify the payments

already been made by the petitioner to the employee and if any

amount is due, the employee shall be at liberty to file the

execution application.