Rajasthan High Court - Jodhpur
M.C.S.Girdhari Lal Bihani S. ... vs Santosh Godara And Ors. ... on 20 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44701]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3969/2018
Managing Committee, Seth Girdhari Lal Bihani Sanatan Dharm
Senior Secondary School, Sriganganagar, Resident Of Gangaur
Nagar, Sriganganagar Raj.
----Petitioner
Versus
1. Smt Santosh Godara W/o Shri Dr M R Godara, Resident
Of 3/105, Housing Board, Sriganganagar Raj.
2. The Director, Secondary Education, Government Of
Rajasthan, Bikaner.
3. The Rajasthan Non Government Educational Institutions
Tribunal, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vinod Purohit.
Mr. Sanjeet Purohit.
For Respondent(s) : Mr. Manoj Bhandari, Sr. Advocate,
assisted by Mr. Aniket Tater.
Mr. Govind Suthar.
Mr. Himanshu Bumb.
Mr. Sarwan Kumar, AGC.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
20/12/2023
1. Learned counsel for the petitioner submitted that the
controversy involved in the present matter 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.
[2023:RJ-JD:44701] (2 of 3) [CW-3969/2018]
2. Learned counsel for the respondents do not dispute the
aforesaid position and prayer.
3. Hence, the writ petition also stand 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 writ
petition 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 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)
[2023:RJ-JD:44701] (3 of 3) [CW-3969/2018]
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.
(xi) Till 31.03.2024, the execution proceedings (if any)
pending before the Tribunal or in the concerned Civil
Courts shall remain in abeyance."
5. It is further ordered that in case, the respondent
employee(s) has initiated execution proceedings, the amount
required to be deposited and paid in terms of above directions
shall be deposited before the executing Court, where the
execution proceedings are pending and above directions shall
stand accordingly modified.
6. All interlocutory application(s), including stay application
stand disposed of accordingly.
(KULDEEP MATHUR),J
571-Prashant/-
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