Rajasthan High Court - Jodhpur
Managing Committee vs Ratan Lal Suthar ... on 16 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/015388]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9630/2019
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udaipur. Through The Secretary.
2. Managing Committee, Vidhya Bhawan Rural Institute
Polytechnic College, Fatehpura, Udaipur. Through The
Secretary.
----Petitioners
Versus
1. Ratan Lal Suthar S/o Shri Dhulchand Suthar, 3, Mahadev
Complex, Near Sutharo Ka Kuwa, Sobhagpura, District
Udaipur.
2. The Director, Technical Education, Jodhpur.
3. Rajasthan Non Government Educational Institution
Tribunal, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Naresh Singh for
Mr. Rakesh Arora
For Respondent(s) : Mr. Manish Vyas, AAG
JUSTICE DINESH MEHTA
Order
16/05/2023
1. By way of present writ petition, petitioners have challenged
the order dated 18.03.2019 passed by the Rajasthan Non -
Government Educational Institutions Tribunal, Jaipur which has
directed them to pay the interest.
2. Learned counsel for the petitioners submitted that a co-
ordinate Bench of this Court in the case of Managing Committee
& Anr. Vs. Ratanlal Meghwal & Ors. : S.B. Civil Writ Petition
No. 9552/2019 decided on 26.08.2022 has held that it is the
State which is liable for payment of interest on delayed retiral and
other dues of the employee.
3. Mr. Vyas, learned Additional Advocate General, is not in a
position to dispute the aforesaid legal position.
[2023/RJJD/015388] (2 of 3) [CW-9630/2019]
4. In the case of Managing Committee (supra), this Court has
held thus:-
"From the above, it would be seen that Division
Bench, after thoroughly considering the aspect of
direction to pay interest came to the conclusion that the
order passed by the learned Single Judge did not call for
any interference.
In view of the above fact situation, the State alone
is responsible to make payment of interest on the
amount other than that of gratuity payable to the
teachers/employees.
Consequently, the writ petitions filed by the
petitioner are allowed to the extent that other than the
amount of gratuity payable to the respondents-
teachers/employees, the petitioner institution shall not
be responsible for payment of interest and to
that extent directions given by the Tribunal in the
impugned judgments shall stand set aside and in 4
cases, where execution proceedings are pending before
the Executing Court, the petitioner institution shall not
be proceeded against to the above extent.
It is further directed that the interest as directed
by the Tribunal shall be paid by the State on the
amount other than the amount of gratuity within a
period of eight weeks and the
respondents-teachers/employees would be free to
proceed against the State for payment of the amount of
interest in terms of the above directions."
5. In view of the aforesaid, it is clear that an Institution cannot
be held responsible for payment of amount of interest.
6. The petition is, therefore, allowed in the same terms.
7. The order of the Rajasthan Non - Government Educational
Institutions Tribunal, Jaipur dated 18.03.2019 (Annexure.1) is
[2023/RJJD/015388] (3 of 3) [CW-9630/2019]
accordingly modified and it is declared that in place of respondent
Nos. 1 and 3; respondent No.2 shall pay the applicable interest.
8. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
58-akansha/-
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