Parmanand Rathi vs The State Of Rajasthan ...
2023 Latest Caselaw 6052 Raj

[2023:RJ-JD:26158]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11552/2023

Parmanand Rathi S/o Late Shri Behari Lal Rathi, Aged About 76 Years, B/c Rathi, R/o H. No. 27, Refugee Colony, Pratap Nagar, Jodhpur.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Secondary Education Department, Govt. Of Rajasthan, Jaipur.

2. Director, Secondary Education, Education Directorate, Bikaner.

3. Joint Director (Secondary), Education Department, Jodhpur.

4. Shri Mahesh Shikshan Sansthan, Opposite Umaid Hospital, Jodhpur Through Its Secretary.

----Respondents

For Petitioner(s) : Mr. D.D. Chitlangi For Respondent(s) : Mr. Hemant Choudhary, G.C.

Mr. C.S. Bhati

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/08/2023

It is submitted by learned counsel for the petitioner that the

issue raised in the present writ petitions are squarely covered by

order dated 17.11.2011 passed in Gordhan Mal Singvi Vs. The

State of Rajasthan & Ors : SBCWP No. 5118/2008 and Division

Bench judgment in State of Rajasthan & Anr. Vs. The Management

Committee Sh. Bhagwan Das Todi College : D.B. Special Appeal

(Writ) No. 663/2015 decided on 06.11.2015.

In view of the submissions made, which are not disputed by

learned counsel for the respondents, the writ petition filed by the

[2023:RJ-JD:26158] (2 of 2) [CW-11552/2023]

petitioner is allowed in the light of and with similar directions as in

the case of Gordhan Mal Singhvi (Supra) and law laid down in the

case of Sh. Bhagwan Das Todi College (supra), 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 submiting in its claim in accordance with the provisions of the Rules of 1993 and the applicable decisions."

Further, the respondent No. 1 & 4 are also directed to comply

with the observations made in the case of Sh. Bhagwan Das Todi

College, wherein directions have been given regarding payment.

In the circumstances of the case, the needful may be done

within a period of three months from the date of this order.

The order has been passed based on the submissions made

in the petitions, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 103-/AnilSingh/-

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