Rajendra Giri vs State Of Rajasthan
2023 Latest Caselaw 704 Raj

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       JODHPUR

                S.B. Civil Writ Petition No. 5099/2019

Rajendra Giri
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent


For Petitioner(s)        :     Mr. MS Godara
For Respondent(s)        :     Mr. Tribhuwan Gupta for Mr. Sanjay
                               Kapoor



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

18/01/2023

     Learned counsel for the parties submit that the issues raised

in the present writ petition are squarely covered by the judgment

of this court in the case of Managing Committee, Shri

Hanwant Sr. Secondary School, Jodhpur vs. Rajasthan Non-

Government Education Institutions Tribunal: S.B. Civil Writ

Petition No.11093/2015 decided on 29.11.2016 and similar

directions may be passed in the present case also.

     The following order was passed by the Court in the case of

Hanwant Sr. Secondary School (supra):-


          "In view of the above discussion, the writ petition
    filed by the petitioner is partly allowed. The judgment
    dated 12/5/2015 passed by the Tribunal is set aside to
    the extent it provides for payment of interest on
    enhanced D.A., leave encashment dues and arrears
    based on revised pay scales, however, the direction to
    the extent of payment of interest on the amount of
    gratuity is upheld, the respondent no.2 would be

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                                                                       (2 of 2)                           [CW-5099/2019]


                                       entitled to interest @ 6% p.a. on the amount of
                                       gratuity payable to her. The amount of D.A., leave
                                       encashment, arrears based on revised pay scales to
                                       the extent of its share         and amount of gratuity and
                                       interest on the amount of gratuity shall be paid to the
                                       respondent    no.2 by the petitioner Institution within a
                                       period of three months. The amount, if any, paid to the
                                       respondent    no.2     or    deposited         by    the    petitioner
                                       Institution with the Executing Court would be adjusted
                                       towards the amount payable to the respondent no.2.
                                             It is further directed that as laid down/directed by
                                       Division Bench in the case of Bhagwan Das Todi
                                       College (supra), the respondent no.3/State would after
                                       due   verification    from     the    records       based    on      the
                                       information supplied by the petitioner Institution will
                                       make payment of arrears to the respondent no.2 within
                                       two months of receipt of information and it shall not
                                       be pre-requisite for the Institution to first make
                                       payment and then seek reimbursement from the
                                       respondent State. The order shall also stand modified
                                       to    the    extent     of      above         direction      to      the
                                       State/respondent no.3."

                                        The present writ petition also stands disposed of with similar

                                   directions to the respondents to the extent applicable.

                                        All pending applications also stand disposed of.



                                                               (DR.PUSHPENDRA SINGH BHATI), J.

163-Sudheer/-

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