Rajasthan High Court - Jodhpur
Satya Naryan Sharma And Ors vs State Of Rajasthan And Ors on 21 September, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4021/2017
1. Satya Naryan Sharma S/o Sh. Banshi Lalji Sharma, R/o
C-141, Rajeev Nagar, Outside Mahamandir, Tisri Pol,
Jodhpur.
2. Mahesh Chandra Bora S/o Late Sh. Madanlalji, R/o Geeta
Gali, Gundi Ka Mohalla, Jodhpur.
3. Mohan Gopal Joshi S/o Late Sh. Gangadasji Joshi, R/o
Veer Girdharji Ki Gali, Bheemji La Mohalla, Jodhpur.
----Petitioners
Versus
1. The State Of Rajasthan Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur.
2. The Commissioner, Secondary Education, Government Of
Rajashan, Bikaner
3. Shri Sumer Pushtikar Senior Secondary School, Inside
Jalori Gate, Jodhpur Through Its Secretary Of The
Managing Commitee.
4. The Chirman Managing Committee, Shri Sumer Pushtikar
Senior Secondary School, Inside Jalori Gate, Jodhpur.
5. The Chairman, Pushtikar Education Trust C/o Shri Sumer
Senior Secondary School, Inside Jalore Gate, Jodhpur.
----Respondents
For Petitioner(s) : Mr. CP Trivedi
For Respondent(s) : Mr. Sarwan Kumar, AGC
Mr. Deepak Bora
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/09/2022
By way of filing the present writ petition, the petitioner has
prayed for following reliefs:-
1. The respondents may kindly be directed to forthwith
release the payment towards all the retiral benefits while
(2 of 3) [CW-4021/2017]
calculating their pay in the pay scale from the month of
Jan., 1993 and the petitioners may also be awarded
benefits of 6th Pay Commission recommendations
alongwith amount of Gratuity, leave encashment etc.
alongwith interest at the rate of 12% per annum from
the date the amount became due till the date of
payment with all consequential benefits."
Learned counsel for the parties jointly submitted that the
controversy involved in the present writ petition is squarely
covered by judgments rendered by Division Bench of this Court at
Jaipur in the cases of Mahila Mandal v. State of Rajasthan &
Ors. : S.B. C.W. No.2743/2006 decided on 25.10.2007 and
State of Rajasthan & Anr. v. The Management Committee
Sh. Bhagwan Das Todi College : D.B. S.A.W. No. 663/2015
decided on 06.11.2015.
The directions issued in the case of Mahila Mandal (supra)
reads as under:-
"Accordingly, the writ petitions are hereby allowed.
The respondents are directed to accord approval and
release the grant in aid to the petitioners
(1) on the arrears of salary paid by it to its employees as
a result of revisions of pay scales in accordance with the
Rajasthan Civil Services (Revised Pay Scales) Rules, 1998;
(2) on arrear of dearness allowance to its employees as a
result of grant of additional installments of dearness
allowance;
(3) on the amount of selection grades admissible to the
employees under order dated 25.1.1992 issued by the
State Government prescribing for grant of selection grade
(4) on leave encashment for which the employees are
entitled to at par with employees of the State
Government.
The entire exercise for grant of approval and release
of the grant-in-aid may be completed within a period of
three months from the date of the petitioners societies
submitting their claim in accordance with the provisions of
Rules of 1993."
Learned counsel for the respondents submitted that the
due retiral benefits in favour of the petitioner shall be released
(3 of 3) [CW-4021/2017]
by the respondent-School in terms of the aforesaid judgments
within a period of two months.
In view of the submission made by learned counsel for
the respondents, the present writ petition is disposed of
directing the respondent-School to make payment of retiral
dues in favour of the petitioner within a period of two months
from date of this order.
No order as to costs.
(KULDEEP MATHUR),J
96-KashishS/-
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