Rajasthan High Court - Jodhpur
Lrs Of Sh. Suraj Prakash Sharma vs State Of Rajasthan (2023:Rj-Jd:41377) on 1 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:41377]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1780/2022
Natwar Lal Thanvi S/o Hari Ram Thanvi, Aged About 47 Years,
Resident Of Natnawato Ki Chowk, Phalodi, Jodhpur, Rajasthan.
----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
Connected With
S.B. Civil Writ Petition No. 1798/2022
Sh. Harish Chandra Dave S/o Sh. Ram Chandra Dave, Aged
About 52 Years, Shivpuri Near Ved Bhawan, 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
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[2023:RJ-JD:41377] (2 of 4) [CW-1780/2022]
S.B. Civil Writ Petition No. 1866/2022
1. Lrs Of Sh. Suraj Prakash Sharma S/o Sh. Meghraj
Sharma, Aged About 59 Years, Resident Of 143, Behind
Smb School, Sardarpura, Phalodi, Jodhpur, Rajasthan -
342301
2. Sushila Sharma W/o Lt Sh. Suraj Prakash Sharma, Aged
About 61 Years, Resident Of 143, Behind Smb School,
Sardarpura, Phalodi, Jodhpur, Rajasthan - 342301
3. Laxmi Kant Sharma S/o Lt Sh. Suraj Prakash Sharma,
Aged About 23 Years, Resident Of 143, Behind Smb
School, Sardarpura, Phalodi, Jodhpur, Rajasthan - 342301
4. Rekha Sharma D/o Lt Sh. Suraj Prakash Sharma, Aged
About 38 Years, Resident Of Air Force Station, Bareilly,
Uttar Pradesh- 243002
5. Deepa Sharma D/o Lt Sh. Suraj Prakash Sharma, Aged
About 33 Years, Resident Of Bhaskar Bhawan, Near
Station, Merta City, Nagaur, Rajasthan - 341510
----Petitioners
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
Mr. Sourabh Suthar
For Respondent(s) : Mr. Gajendra Singh Chouhan for Mr.
KK Bissa, AGC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
[2023:RJ-JD:41377] (3 of 4) [CW-1780/2022]
Order
01/12/2023
1. It is submitted by learned counsel for the petitioners 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 petitioners
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.
3. In view of the above, the writ petitions filed by the
petitioners are 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
[2023:RJ-JD:41377] (4 of 4) [CW-1780/2022]
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
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.
6. Stay applications also stand disposed of.
7. 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.
(DR. PUSHPENDRA SINGH BHATI), J.
101 to 103-Sudheer/-
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