Rajasthan High Court - Jodhpur
The Managing Committee vs The Director (2023/Rjjd/013331) on 3 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/013331]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6532/2021
The Managing Committee, Shree J.B. Senior Secondary School,
Ladnun, Nagaur Through Its Power Of Attorney Holder Shri
Rajendra Kumar Chotia S/o Shri Ram Niwas Sharma, Aged About
48 Years, Resident Of Shradha Nikunj, Current Balaji Road,
Ladnun, Nagaur.
----Petitioner
Versus
1. The Director, Secondary Education, Bikaner.
2. Nanu Ram S/o Shri Padma Ram, Resident Of Maya
Nagari, Ladnun, Shivji Mandir Ke Pas, Post Ladnun,
District Nagaur.
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
For Respondent(s) : Mr. Sarwan Kumar for Mr. Hemant
Choudhary
JUSTICE DINESH MEHTA
Order
03/05/2023
1. Learned counsel for the petitioner submits that the
controversy involved in this 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.
2. Learned counsel for the respondents does not dispute the
aforesaid position and prayer.
[2023/RJJD/013331] (2 of 4) [CW-6532/2021]
3. Hence, the present writ petition is also 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 case
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.
[2023/RJJD/013331] (3 of 4) [CW-6532/2021]
(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) 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 31.12.2023, the execution proceedings (if
any) pending before the Tribunal or in the
concerned Civil Courts shall remain in abeyance."
[2023/RJJD/013331] (4 of 4) [CW-6532/2021]
5. All interlocutory application(s) including stay petition stand
disposed of accordingly.
(DINESH MEHTA),J
203-Ramesh/-
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