Sh. Moti Lal Paliwal vs State Of Rajasthan ...
2023 Latest Caselaw 6559 Raj

[2023:RJ-JD:27439]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1805/2022

Sh. Moti Lal Paliwal S/o Sh. Hari Ram Paliwal, Aged About 68 Years, Resident Of Paliwalo Ka Aguna Vas, Jaloda, Phalodi, Jodhpur, Rajasthan-342301.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Director, Elementary Education, Department Of Education, Bikaner.

3. District Education Officer, (Elementary), Education Department, Jodhpur, Near Umaid Club, Jodhpur, Rajasthan.

4. Secretary Of The Management Committee, Of Shri Mahesh Upper Primary School Raghunathpura, Phalodi.

5. Secretary, Shri Mahesh Shikshan Sansthan, Phalodi.

----Respondents

For Petitioner(s) : Mr. Sandeep Bhandawat For Respondent(s) : Mr. K.K. Bissa AGC

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

29/08/2023

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. The submissions

[2023:RJ-JD:27439] (2 of 3) [CW-1805/2022]

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 College (supra) are not disputed by

learned counsel for the respondents.

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."

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 Non- Government Educational Institutions to prepare due drawn statement of each of the employees of their Institution who have worked 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

[2023:RJ-JD:27439] (3 of 3) [CW-1805/2022]

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."

In the circumstances of the case needful may be done within

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

Stay applications also stand disposed of.

The order has been passed based on the submissions made

in the petition, 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 127-Shahenshah/-

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