Management Committee Swami ... vs Sangara Ram
2023 Latest Caselaw 6313 Raj

[2023:RJ-JD:26879]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 2422/2020

Management Committee Swami Keshwanand College Gramothan Vidhyapeeth Sangaria, District Hanumangarh, Rajasthan Through Its Secretary Sukhraj Singh S/o Shri Jeevan Singh, Aged About 55 Years.

----Petitioner Versus

1. Siya Ram S/o Shri Manohar Lal, Resident Of Sangaria, Tehsil Sangaria, District Hanumangarh, Rajasthan.

2. Secretary, Department Of Higher Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

3. Director, Directorate Of College Education, College Education Department Block-4, Dr. S Radha Krishan, Shiksha Sankul, Jawahar Lal Nehru Marga, Jaipur, Rajasthan.

4. Director/commissioner, Agriculture Department, Pant Agriculture Building, C-Scheme, Jaipur, Rajasthan.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 2424/2020 Management Committee Swami Keshwanand College Gram. Vidh. Sangaria, District Hanumangarh, Rajasthan Through Its Secretary Sukhraj Singh S/o Jeevan Singh, Aged About 55 Years.

----Petitioner Versus

1. Sangara Ram S/o Santram, Nathwana, Tehsil Sangaria, District Hanumangarh, Rajasthan.

2. Secretary, Department Of Higher Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

3. Director, Directorate Of College Education, College Education Department Block-4, Dr. S Radha Krishan, Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur, Rajasthan.

4. Director/commissioner, Agriculture Department, Pant Agriculture Building, C-Scheme, Jaipur, Rajasthan.

----Respondents

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(3) S.B. Civil Writ Petition No. 2426/2020 Management Committee Swami Keshwanand College Gramothan Vidhyapeeth Sangaria, District Hanumangarh, Rajasthan Through Its Secretary Sukhraj Singh S/o Shri Jeevan Singh, Aged About 55 Years.

----Petitioner Versus

1. Shashikant Sharma D/o Late Shri Durga Prasad Sharma, Resident Of Ward No. 19, Behind Sahil Marriage Palace, Hanumangarh Road, Gurugovind Nagar, Sangaria, District Hanumangarh, Rajasthan.

2. Director/commissioner Agriculture Department, Pant Agriculture Building, Janpath Marg, Jaipur, Rajasthan.

----Respondents (4) S.B. Civil Writ Petition No. 5114/2020 Management Committee Swami Keshwanand College Gramothan Vidhyapeeth Sangaria, District Hanumangarh, Rajasthan Through Its Secretary Sukhraj Singh S/o Shri Jeevan Singh, Aged About 55 Years.

----Petitioner Versus

1. Purnram S/o Shri Pindram, Resident Of Ward No. 24, Sangaria, District Hanumangarh, Rajasthan.

2. Director, Directorate Of College Education, College Education Department Block-4, Dr. S Radha Krishan, Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur, Rajasthan.

3. Director/commissioner, Agriculture Department, Pant Agriculture Building, C-Scheme, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pradeep Singh for Mr. Nishant Motsara For Respondent(s) : Mr. Himanshu Shrimali Mr. M.C. Bishnoi with Mr. Hanuman Ram

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JUSTICE DINESH MEHTA

Order

24/08/2023

1. Learned counsel for the petitioners submit 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 Vidyawadi Vs. State of Rajasthan & Ors. : S.B.

Civil Writ Petition No.6082/2020 and prays that similar

directions be issued in the present case.

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) rendered on 26.04.2023.

4. The directions given by this Court in Marudhar Balika

Vidyapeeth Vidyawadi (supra) shall also apply in the present

petitions 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.

(iii) The respective District Education Officer/competent authority of the State Government shall examine and process the same and determine the

[2023:RJ-JD:26879] (4 of 5) [CW-2422/2020]

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.

(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.

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(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. For the present cases, the date mentioned in direction (xi)

shall be read as 29.02.2024, instead of 31.12.2023.

6. All interlocutory application(s), including stay petitions stand

disposed of accordingly.

(DINESH MEHTA),J 67-Mak/-

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