Rajasthan High Court - Jodhpur
Smt. Prem Khatri vs State Of Rajasthan ... on 14 August, 2023
Bench: Dinesh Mehta
[2023:RJ-JD:25646]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 557/2020
Smt. Prem Khatri W/o Shri Subhash Arora, Aged About 62 Years,
Resident Of 402, Rathkhana, Near Sindhi Dharmshala, Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Govt. Of Rajasthan, Jaipur.
2. The Director, Elementary Education, Govt. Of Rajasthan,
Bikaner.
3. Matra Sewa Sadan, Parmanand Basti, Rathkhana, Bikaner
Through Its Secretary.
----Respondents
For Petitioner(s) : Mr. Mahesh Thanvi
For Respondent(s) : Mr. K.K. Bissa
JUSTICE DINESH MEHTA
Order
14/08/2023
1. It is submitted by learned counsel for the petitioner that the
issue raised in the present writ petition is squarely covered by
order dated 17.11.2011 passed in Gordhan Mal Singhvi v. State
of Rajasthan & Ors. : S.B.C.W.P. No. 5118/2018 and Division
Bench judgment in State of Rajasthan & Anr. v. The
Management Committee Sh. Bhagwan Das Todi College :
D.B. Special Appeal(Writ) No. 663/2015, decided on
06.11.2015.
2. The submissions made by learned counsel for the petitioner
regarding the issue being concluded by judgments in the case of
Gordhan Mal Singhvi (supra) and Bhagwan Das Todi
[2023:RJ-JD:25646] (2 of 3) [CW-557/2020]
College(supra) are not disputed by learned counsel for the
respondents.
3. In view of the above, the writ petition filed by the petitioner
is allowed in light of and with the similar directions as given in the
above cases in the following terms:-
"(1) Within 60 days from today, the respondent
No.3 shall make payment of the amount to the
petitioner towards arrears of salary as a result of
fixation under the grades under the Revised Pay
Scales Rules; towards selection grades upon
completion of 9,18 and 27 years of service;
towards leave encashment; and towards gratuity
and provident fund alongwith interest @ 12% per
annum from 23.07.2008 until the date of
payment.
(2) The respondents Nos.1 and 2 shall grant
approval and release the grant-in-aid within 60
days from the date of the respondent No.3
submitting in its claim in accordance with the
provisions of the Rules of 1993 and the applicable
decisions."
4. Further, the respondents are also directed to comply with the
direction as given/observations made in the case of Bhagwan Das
Todi College (supra), wherein, inter alia, the following direction
have been given regarding payment:-
"The Special Appeals filed by the State
Government are without substance and
accordingly dismissed and taking note of the
Sec.31(2) of the Act, 1989 we direct the
NonGovernment Educational Institutions to
prepare due drawn statement of each of the
employees of their Institution who have worked
[2023:RJ-JD:25646] (3 of 3) [CW-557/2020]
against sanctioned & aided posts in regard to their
arrears of salary and other dues which are
approved expenditure to the extent of grant-in-aid
and the same be sent to the State Government
and the State Government after its due verification
from their records will make payment of arrears to
each of the employee who either have now
become members of Rules, 2010 or have retired or
left the job (upto the period one has worked) and
to other employees similarly situated under
intimation to the concerned Non-Government
Recognized Institution."
5. In the circumstances of the case needful may be done within
a period of three months from the date of this order.
(DINESH MEHTA),J
131-Mak/-
Powered by TCPDF (www.tcpdf.org)
