Rajasthan High Court - Jodhpur
Gurunanak Girls Senior Secondary ... vs Neelam Arora (2023:Rj-Jd:40796) on 28 November, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:40796] (1 of 3) [CW-12150/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12150/2019
Gurunanak Girls Senior Secondary School, Sri Ganganagar,
Through Its Secretary Shri Jitendra Singh S/o Late Shri Makhan
Singh, Aged About 50 Years, Resident Of 5N Block,
Sriganganagar (Raj.).
----Petitioner
Versus
1. Neelam Arora W/o Arjun Singh, Resident Of 123 A.l Block,
Sriganganagar (Raj.).
2. The Director, Secondary Education, Government Of
Rajasthan, Bikaner.
----Respondents
For Petitioner(s) : Mr. Sanjeet Purohit
For Respondent(s) : Mr. CS Kotwani a/w Mr. Anil
Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/11/2023
1. Learned counsel for the parties jointly submit that the
controversy involved in the present writ petition 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,
decided on 26.04.2023 and prays that similar directions be issued
in the present case.
2. 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.
[2023:RJ-JD:40796] (2 of 3) [CW-12150/2019]
3. Having heard learned counsel for the parties and in view of
the submission noted above, it is hereby ordered that:
"(i) The Committee appointed by the State Government 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 Committee 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.
(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
[2023:RJ-JD:40796] (3 of 3) [CW-12150/2019]
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 29.02.2024, the execution proceedings (if any)
pending before the Tribunal or in the concerned Civil Courts
shall remain in abeyance."
4. The stay application also stands disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI), J.
129-Sudheer/-
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