Rajasthan High Court - Jodhpur

Managing Committee, Shah ... vs State Of Rajasthan ... on 27 April, 2023

Bench: Dinesh Mehta

[2023/RJJD/012401]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 5051/2021

1. Managing Committee, Shah Goverdhan Lal Kabra Teachers College, (C.T.E.) Jodhpur, Ummaid Hospital Road, Geeta Bhawan, Jodhpur Through Its Secretary, Shri Hari Gopal Rathi S/o Shri Late Shri Kishan Gopal Rathi, Age 75 Years.

2. Managing Committee, Shri Mashesh Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Shri Hari Gopal Rathi S/o Shri Late Shri Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/Commissioner, Secondary Education, Rajasthan, Bikaner.

2. Dr. Bhupendra Kumar Pandya S/o Shri Shanti Lal Ji Pandya, R/o 19/364, Chpasani Housing Board, Jodhpur-8.

----Respondents (2) S.B. Civil Writ Petition No. 4948/2021

1. Managing Committee, Shah Goverdhan Lal Kabra Teachers College (C.T.E.) Jodhpur, Ummaid Hospital Road, Geeta Bhawan, Jodhpur Through Its Secretary Shri Hari Gopal Rathi S/o Shri Late Shri Kishan Gopal Rathi Age 75 Years.

2. Managing Committee, Shri Mashesh Shiksan Santhan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Shri Hari Gopal Rathi S/o Shri Late Shri Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/commissioner, Secondary Education, Rajasthan, Bikaner.

2. LRs Of Dr. Omprakash Sharma, S/o Shri Sohan Lal Sharma

3. Smt. Radha Devi W/o Late Shri Omprakash Sharma, B/c Sharma, R/o 17 E/212, Near Durga Park, Chopasani Housing Board, Jodhpur-8.

4. Gaurav Sharma S/o Late Shri Omprakash Sharma, B/c

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Sharma, R/o 17 E/212, Near Durga Park, Chopasani Housing Board, Jodhpur-8.

5. Dr. Chandrakanta D/o Late Shri Omprakash Sharma, B/c Sharma, R/o 17 E/212, Near Durga Park, Chopasani Housing Board, Jodhpur-8.

6. Dr. Surbhi D/o Late Shri Omprakash Sharma, B/c Sharma, R/o 17 E/212, Near Durga Park, Chopasani Housing Board, Jodhpur-8.

----Respondents (3) S.B. Civil Writ Petition No. 5027/2021

1. Managing Committee, Shah Goverdhan Lal Kabra Teachers College, (C.T.E.) Jodhpur, Ummaid Hospital Road, Geeta Bhawan, Jodhpur Through Its Secretary Hari Gopal Rathi S/o Late Kishan Gopal Rathi Age 75 Years.

2. Managing Committee, Shri Mahesh Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Hari Gopal Rathi S/o Late Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/commissioner, Secondary Education, Rajasthan, Bikaner

2. Dr. Madhu Ujjawal W/o Mahipal Singh, 46, Shakti Sadan, Polo 1st Paota, Jodhpur.

----Respondents (4) S.B. Civil Writ Petition No. 5029/2021

2. Managing Committee, Shri Mahesh Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Hari Gopal Rathi S/o Late Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/commissioner,

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Secondary Education, Rajasthan, Bikaner

2. Dr. Vijaya Jain W/o Rajendra Kumar Jain, 19, E-1, Chopasani Housing Board, Jodhpur.

----Respondents (5) S.B. Civil Writ Petition No. 5031/2021

2. Managing Committee, Shri Mahesh Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Hari Gopal Rathi S/o Late Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/commissioner, Secondary Education, Rajasthan, Bikaner

2. Dr. Shobha Gupta D/o Babu Ram Gupta, 103, Sonal Apartment, Paota B Road, Jodhpur.

----Respondents (6) S.B. Civil Writ Petition No. 5032/2021

2. Managing Committee, Shri Mahesh Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Hari Gopal Rathi S/o Late Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/commissioner, Secondary Education, Rajasthan, Bikaner

2. Dr. Vandana Arora W/o Rajnarayan Arora, House No.109, 1St B Road, Ashok Bartyan Street, Sardarpura, Jodhpur.

----Respondents (7) S.B. Civil Writ Petition No. 5034/2021

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2. Managing Committee, Shri Mahesh Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Hari Gopal Rathi S/o Late Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/commissioner, Secondary Education, Rajasthan, Bikaner

2. Dr. Anar Singh Chaudhary S/o Late Vijay Singh Chaudhary, House No.1, Vijay Sadan High Colony, Ratanada, Jodhpur.

----Respondents (8) S.B. Civil Writ Petition No. 5048/2021

2. Managing Committee, Shri Mashehs Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Shri Hari Gopal Rathi S/o Shri Late Shri Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/Commissioner, Secondary Education, Rajasthan, Bikaner.

2. Dr. Jitendra Sharma S/o Late Shri Rajendra Sharma, R/o 85 Sector 7 Ext, New Power House Road, Jodhpur -3

----Respondents (9) S.B. Civil Writ Petition No. 5050/2021

1. Managing Committee, Shah Goverdhan Lal Kabra Teachers College, (C.T.E.) Jodhpur, Ummaid Hospital Road, Geeta Bhawan, Jodhpur Through Its Secretary, Shri

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Hari Gopal Rathi S/o Shri Late Shri Kishan Gopal Rathi, Age 75 Years.

2. Managing Committee, Shri Mashehs Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Shri Hari Gopal Rathi S/o Shri Late Shri Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/Commissioner, Secondary Education, Rajasthan, Bikaner.

2. Dr. Bharat Tak S/o Shri Sohan Singh Tak, R/o Plot No. C-

84, Narshing Vihar, Lal Sagar, Jodhpur - 26

----Respondents (10) S.B. Civil Writ Petition No. 3798/2021

1. Managing Committee, Shah Goverdhan Lal Kabra Teachers College (C.T.E.) Jodhpur, Ummaid Hospital Road, Geeta Bhawan, Jodhpur Through Its, Secretary Shri Hari Gopal Rathi S/o Late Shri Kishan Gopal Rathi Age 75 Years.

2. Managing Committee, Shri Mahesh Shiksan Sansthan, Opp. Ummaid Hospital, Siwanchi Gate, Jodhpur Through Its Secretary Shri Hari Gopal Rathi S/o Late Shri Kishan Gopal Rathi Age 75 Years.

----Petitioners Versus

1. State Of Rajasthan, Through The Director/ commissioner, Secondary Education, Rajasthan, Bikaner.

2. Shri Chandra Singh Bhati S/o Shri Chain Singh Bhati, R/o Kaparda House, Rassala Road, Paota, Jodhpur.

----Respondents

For Petitioner(s) : Mr. D.D. Chitlangi For Respondent(s) : Mr. Narpat Singh Arha Mr. Bhupendra Singh Mr. Sarwan Kumar for Mr. Hemant Choudhary

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JUSTICE DINESH MEHTA

Order

27/04/2023

1. Learned counsel for the petitioners submits that the

controversy involved in these matters is identical to one decided

by this Court in a bunch of writ petitions led by Marudhar Balika

Vidyapeeth Vidwadi Vs. State of Rajasthan & Ors. : S.B. Civil Writ

Petition No.6082/2020 and prays that similar directions be issued

in these cases.

2. Learned counsel for the respondents do not dispute the

aforesaid position and prayer.

3. Hence these writ petitions are also disposed of in terms of

the judgment in the case of Marudhar Balika Vidyapeeth

Vidyawadi (supra) decided on 26.04.2023.

4. The directions given by this Court in Marudhar Balika

Vidyapeeth Vidyawadi (supra) shall also apply in these cases and

for the sake of clarity the same are being reproduced hereunder:-

"(i) The petitioners (Institutions) shall send due drawn statements of the employee(s) to the competent authority of the State Government within a period of 15 days from today (if not already sent).

(ii) If the due drawn statements of the employees have already been sent, the Institutions shall forward a photocopy of the due drawn statement and order of the Tribunal to the respective District Education Officer (D.E.O.) within a period of 15 days from today along with a copy of the order instant.

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(iii) The respective District Education Officer/competent authority of the State Government shall examine and process the same and determine the amount payable to each of the employees within a period of three months from today.

(iv) On determination/calculation of the amount aforesaid, the State Government/competent authority shall send a copy thereof to the Tribunal giving reference of the Case No. and date of decision etc. The State shall also forward a copy to the Educational Institution(s), where the employee(s) had served.

(v) On receipt of the calculation made by the State Government, the petitioner - Institutions will be required to deposit their share of the amount (10%, 20% or 30%, as the case may be) with the Tribunal within a period of one month from the date of receipt of the calculation sent by the State Government. It will be required of the Institution(s) to inform the employee(s) about the amount being deposited and the calculation of the amount made by the State.

(vi) On receipt of the information about payment being deposited by the Institution(s), the employee(s) concerned will furnish the details of their bank account before the Tribunal.

(vii) The State Government shall deposit its share (90%, 80% and 70%, as the case may be) before the Tribunal within a period of six months of the amount having been determined.

(viii) The amount deposited by the Institutions and the State Government will be remitted in the accounts of the employees forthwith.

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(ix) Upon the full amount as calculated by the State being deposited by the State and the Institutions, the execution proceedings before the Tribunal/Civil Court shall stand closed.

(x) Since the Tribunal has neither determined the amount nor was any dispute about the amount before the Tribunal raised, each employee shall be free to take up his/her cause afresh before the Tribunal, in case they are not satisfied with the amount calculated by the State Government.

(xi) Till 31.12.2023, the execution proceedings (if any) pending before the Tribunal or in the concerned Civil Courts shall remain in abeyance."

5. All interlocutory application(s) including stay petitions stand

disposed of accordingly.

(DINESH MEHTA),J 222, 224 to 231, S-II-1-Ramesh/-