Smt. Om Kumari Ojha vs The State Of Rajasthan ...
2023 Latest Caselaw 1691 Raj

[2023/RJJD/005171] (1 of 2) [CW-8770/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8770/2021

Smt. Om Kumari Ojha W/o Late Shri Jugal Kishore Ojha, Aged About 72 Years, B/c Ojha, R/o Near Mahadev Mandir, Bhagi Pole, Bram Puri, Jodhpur.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Secondary Education Department, Govt. Of Rajasthan, Jaipur.

2. Director, Elementary Education, Education Directorate, Bikaner.

3. District Education Officer, Elementary Education, Jodhpur.

4. Shri Mahesh Shiksan Sansthan, Opposite Umaid Hospital, Jodhpur Through Its Secretary.

----Respondents

For Petitioner(s) : Mr. DD Chitlangi. For Respondent(s) : Mr. KK Bissa, AGC.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

13/02/2023

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 Vs. The

State of Rajasthan & Ors : SBCWP No. 5118/2008 and Division

Bench judgment in State of Rajasthan & Anr. Vs. The

Management Committee Sh. Bhagwan Das Todi College : D.B.

Special Appeal (Writ) No. 663/2015 decided on 06.11.2015.

In view of the submissions made, which are not disputed by

learned counsel for the respondents, the writ petition filed by the

[2023/RJJD/005171] (2 of 2) [CW-8770/2021]

petitioner is allowed in light of and with similar directions as in the

case of Gordhan Mal Singhvi (supra) and law laid down in the case

of Sh. Bhagwan Das Todi College (supra), 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 interst @ 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

observations made in the case of Sh. Bhagwan Das Todi College,

wherein directions have been given regarding payment.

In the circumstances of the case, the needful may be done

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

All pending applications stand disposed of.

(DR. PUSHPENDRA SINGH BHATI),J 207-/Jitender//-

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