Rajasthan High Court - Jodhpur
Santosh Joshi vs State Of Rajasthan (2023:Rj-Jd:41520) on 1 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:41520]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11882/2018
Santosh Joshi W/o Shri Leela Dhar Joshi, Aged About 58 Years,
Sukhnand Ki Bagichi, Shiv Block, Behind Bannath Temple,
Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Secondary
Education Department, Govt. Of Rajasthan, Jaipur.
2. Director, Primary Education, Education Directorate,
Bikaner.
3. District Education Officer, Primary Education, Jodhpur.
4. Shri Jai Narayan Vyas Girls Senior Higher Secondary
School, Jodhpur Through Its Secretary.
----Respondents
For Petitioner(s) : Ms. Twinkle Purohit
For Respondent(s) : Mr. Gajendra Singh Chouhan for
Mr. KK Bissa, AGC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/12/2023
1. Learned counsel for the parties are in agreement that
controversy involved in the present writ petition is squarely
covered by the judgment rendered by a coordinate Bench of this
Hon'ble Court in the case of Vinita Karwa Vs. The State Of
Rajasthan & Ors. (S.B. Civil Writ Petition No. 6502/2018)
decided on 23.05.2022, which reads as follows:-
"Counsel for the petitioner as well as counsel for
the respondent-Institute and State agreed to the fact
that the controversy in question is covered by the ratio
as laid down in the case of State of Rajasthan & Anr.
vs. Management Committee Sh. Bhagwan Das Todi
[2023:RJ-JD:41520] (2 of 3) [CW-11882/2018]
College; D.B. Civil Special Appeal No.663/2015 decided
on 06.11.2015 and D.B. Special Appeal (Writ)
No.280/2021 (Managing Committee vs. Ghanshyam
Sharma & Anr.) decided on 17.12.2021.
Admittedly, the present matter is covered by the
judgments as mentioned above.
In view of the same, the present writ petition is
allowed and it is directed that:
(i) the Managing Committee shall prepare due
drawn statement of the employees in regard to the
dues which are expenditure to the extent of grant-in-
aid and send the same to the State Government and
the State Government after its due verification from its
record shall make payment to the employees under
intimation to the petitioner-institution.
(ii) The Managing Committee shall make the
payment qua its 20 per cent share to the employees, if
the same remains due, within a period of two months
from the date of this order failing which the same
would be payable along with an interest @ 9% per
annum.
The complete exercise as mentioned in point (i)
above would be completed by the Managing Committee
within a period of one month and by the State
Government within a period of three months
thereafter.
At this juncture it has been submitted by counsel
for the respondent No.4 that the service record and
other documents pertaining to all the employees have
been submitted by the Institute to the State
Government vide its communication dated 16.09.2011
and therefore, the Institute is not in a position to
prepare the due drawn statement of the employees.
In view of the submissions made, it is directed
that the Institute would submit a written request to the
State Government for return of the said documents
which would be immediately complied with by the
State Government and all the documents would be
returned to the Institute within a period of three weeks
of the request letter being received by the office of the
State Government. The abovementioned limitation as
provided to the institute would thereafter commence."
2. In light of the aforequoted order, the present writ petition is
also allowed in terms of the order passed by a Coordinate Bench
[2023:RJ-JD:41520] (3 of 3) [CW-11882/2018]
of this Court in Vinita Karwa (Supra). All pending applications, if
any, stand disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
170-Sudheer/-
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