Durga Ram vs State Of Rajasthan And Ors. ...
2023 Latest Caselaw 2603 Raj

Citation : 2023 Latest Caselaw 2603 Raj
Judgement Date : 29 March, 2023

Rajasthan High Court - Jodhpur

Durga Ram vs State Of Rajasthan And Ors. ... on 29 March, 2023

Bench: Dinesh Mehta

[2023/RJJD/008024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14929/2021

L.R.'s of Durga Ram 1/1 Naini Devi, Widow, aged 46 years 1/2 Dinesh, Son, 25 years 1/3 Trilok Chand, Son, 27 years

R/o Naiyon Ki Dahni, Chirai, Tehsil Osian, District Jodhpur (Rajasthan).

----Petitioner Versus

1. State of Rajasthan, through Secretary, Department of Secondary Education, Government of Rajasthan, Jaipur (Rajasthan)

2. District Education Officer (Secondary), Education Department, Jodhpur (Rajasthan)

3. Shri K.K. Abichandani Modern Senior Secondary School, 3Rd B Road, Gandhi Maidan, Sardarpura, Jodhpur (Rajasthan), Through Its Manager/principal

----Respondents

For Petitioner(s) : Mr. Mahendra Singh Godara For Respondent(s) : Mr. Sarwan Kumar, AGC for Mr. Hemant Choudhary, GC

JUSTICE DINESH MEHTA

Order

29/03/2023

I.A. No.01/2023:-

1. For the reasons stated, the application under Order XXII

Rule 3 of the Civil Procedure Code for substitution of legal

representatives of the deceased petitioner (Durga Ram) who has

passed away on 06.02.2022 is, hereby, allowed.

[2023/RJJD/008024] (2 of 3) [CW-14929/2021]

2. Petitioner's legal representatives mentioned in para No.2 of

the application and amended cause title are taken on record.

S.B. Civil Writ Petition No. 14929/2021:-

1. Mr. Godara, learned counsel for the petitioners 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.

2. 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 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

[2023/RJJD/008024] (3 of 3) [CW-14929/2021]

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."