Rajasthan High Court - Jodhpur
Mahesh Chandra Soni vs State Of Rajasthan ... on 19 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/016364]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8483/2022
Smt. Lata Vyas W/o Shri Madhusushan Vyas, Aged About 62
Years, By Caste Vyas, R/o Near Raghunath Baori, Outside
Chandpole, Jodhpur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Education
Department, Govt. Of Rajasthan, Jaipur.
2. Director, Elementary Education, Education Directorate,
Bikaner.
3. District Education Officer, Elementary Education, Jodhpur.
4. Shri Mahesh Shiksan Sansthan, Opposite Ummaid
Hospital, Jodhpur Through Its Secretary.
----Respondents
Connected With
S.B. Civil Writ Petition No. 553/2022
Smt. Jyoti Sharma W/o Shri Vishnu Prakash Sharma, Aged About
54 Years, By Caste Sharma, R/o Guru Kripa Pwd Road, Jodhpur
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Secondary
Education Department, Govt. Of Rajasthan, Jaipur.
2. Director, Secondary Education, Education Directorate,
Bikaner.
3. District Education Officer, Secondary Education, Jodhpur.
4. Shri Mahesh Shiksan Sansthan, Opposite Ummed
Hospital, Jodhpur Through Its Secretary.
----Respondents
S.B. Civil Writ Petition No. 6646/2022
Mahesh Chandra Soni S/o Shri Harikishan Ji Soni, Aged About 77
Years, R/o 150, Shantipriya Nagar, Pal Link Road, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Secondary
[2023/RJJD/016364] (2 of 3) [CW-8483/2022]
Education Department, Govt. Of Rajasthan, Jaipur.
2. Director, Secondary Education, Education Directorate,
Bikaner.
3. District Education Officer, Secondary Education, Jodhpur.
4. Shri Mahesh Shikshan Sansthan, Opposite Umaid
Hospital, Jodhpur Through Its Secretary.
----Respondents
For Petitioner(s) : Mr. D. D. Chitlangi
For Respondent(s) : Mr. Hemant Choudhary, GC
Mr. K.K. Bissa
Mr. C.S. Bhati
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/05/2023
It is submitted by learned counsel for the petitioners that the
issue raised in the present writ petitions are squarely covered by
order dated 17.11.2011 passed in Gordhan Mal Singvi Vs. The
State of Rajasthan & Ors : SBCWP No. 5118/2008 and Division
Bench judgment in State of Rajasthan & Anr. Vs. The Management
Committee Sh. Bhagwan Das Todi College : D.B. Special Appeal
(Writ) No. 663/2015 decided on 06.11.2015.
In view of the submissions made, which are not disputed by
learned counsel for the respondents, the writ petitions filed by the
petitioners are allowed in the light of and with similar directions as
in the case of Gordhan Mal Singhvi (Supra) and law laid down in
the case of Sh. Bhagwan Das Todi College (supra), in the following
terms : -
"(1) Within 60 days from today, the
respondent no.3 shall make payment of the
amount to the petitioner towards arrears of salary
as a result of fixation under the grades under the
[2023/RJJD/016364] (3 of 3) [CW-8483/2022]
Revised Pay scales Rules; towards selection grades
upon completion of 9, 18 and 27 years of service;
towards leave encashment; and towards gratuity
and provident fund alongwith interest @ 12% per
annum from 23.07.2008 until the date of payment.
(2) The respondents Nos. 1 and 2 shall
grant approval and release the grant-in-aid within
60 days from the date of the respondent No.3
submiting in its claim in accordance with the
provisions of the Rules of 1993 and the applicable
decisions."
Further, the respondent No. 1 & 4 are also directed to comply
with the observations made in the case of Sh. Bhagwan Das Todi
College, wherein directions have been given regarding payment.
In the circumstances of the case, the needful may be done
within a period of three months from the date of this order.
The order has been passed based on the submissions made
in the petitions, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J
221-223-Shahenshah/-
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