Managing Committee, Tapovan ... vs Bhajanlal Sharma ...
2023 Latest Caselaw 4517 Raj

[2023/RJJD/014910]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2605/2021

Managing Committee, Tapovan Manovikas Vidhyalaya, Sriganganagar, 4 M.l., Suratgarh Road, Post Office 5-E-Choti, Sriganganagar (Raj.) Through Its Secretary, Sumer Mal Borad S/ o Shri Laxmi Chand, By Caste Borad, Aged About 65 Years, R/o 45, Opposite Sihag Hospital, Vinayak Vihar, Sriganganagar (Raj.).

----Petitioner Versus

1. Bhajanlal Sharma S/o Shri Moolaram Sharam, Aged About 49 Years, By Caste Brahmin, R/o Village Dungar Singhpura, Post Ganeshgarh, District Sriganganagar (Raj.).

2. Brijlal S/o Shri Ramrakh, Aged About 37 Years, By Caste Jat, R/o Siddharth Colony, 5-E-Choti, Sriganganagar (Raj.).

3. Dhananjay Kumar Singh S/o Shri Mithilesh Singh, Aged About 43 Years, By Caste Rajput, R/o House No. 444, Homeland City, Suratgarh Road, Sriganganagar District Sriganganagar (Raj.).

4. Om Prakash Jain S/o Shri Vriddhi Chand Jain, Aged About 54 Years, By Caste Jain, R/o Suraj Vriddhi Bhawan, 5 Hanuman Colony, Gali No. 3, V.P.O. E-Choti.

5. Vinod Kumar Juneja S/o Shri Chhaganlal Juneja, Aged About 52 Years, By Caste Arora, R/o House No. 192, Vinoba Basti, Sriganganagar, District Sriganganagar (Raj.).

6. The Director, Primary Education, Bikaner (Raj.).

----Respondents

For Petitioner(s) : Mr. Twinkle Purohit For Respondent(s) : Mr. Aniket Tater

JUSTICE DINESH MEHTA

Order

12/05/2023

1. Learned counsel for the petitioner submits that the

controversy involved in these matters is identical to one decided

by this Court in a bunch of writ petitions led by Marudhar Balika

[2023/RJJD/014910] (2 of 4) [CW-2605/2021]

Vidyapeeth Vidyawadi Vs. State of Rajasthan & Ors. : S.B. Civil

Writ Petition No.6082/2020 and prays that similar directions be

issued in these cases.

2. Learned counsel for the respondents do not dispute the

aforesaid position and prayer.

3. Hence these writ petitions are 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 these cases 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

[2023/RJJD/014910] (3 of 4) [CW-2605/2021]

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 (100%, 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 (100%, 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.

[2023/RJJD/014910] (4 of 4) [CW-2605/2021]

(xi) Till 31.12.2023, the execution proceedings (if any) pending before the Tribunal or in the concerned Civil Courts shall remain in abeyance."

5. All interlocutory application(s) including stay petitions stand

disposed of accordingly.

(DINESH MEHTA),J 77-Ramesh/-

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