Rajasthan High Court - Jodhpur
Maharishi Dayanand P.G College, ... vs State Of Rajasthan ... on 4 October, 2023
Bench: Dinesh Mehta
[2023:RJ-JD:32750]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 5658/2020
Maharishi Dayanand P.g College, Managing Committee, Through
Its Manager Hari Ram Kukna S/o Shri Jiwan Ram Kukna Aged
About 64 Years Resident Of 458, Lila Chowk, Ward No. 10,
Purani Abadi, Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Higher Education, Government Of
Rajasthan Secretariat, Jaipur.
2. Director, College Education, Rajasthan, Jaipur.
3. Krishna Kumar Verma S/o Shri Bajrang Lal Verma, Aged
About 54 Years, R/o House No. 178, Street No. 2, Ward
No. 3, Behind Labour Court, Purani Abadi, Tehsil And
District Sri Ganganagar.
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 5924/2020
Maharishi Dayanand P.g College, Managing Committee, Through
Its Manager Hari Ram Kukna S/o Shri Jiwan Ram Kukna Aged
About 64 Years Resident Of 458, Lila Chowk, Ward No. 10,
Purani Abadi, Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Higher Education, Government Of
Rajasthan Secretariat, Jaipur.
2. Director, College Education, Rajasthan, Jaipur.
3. Balram Rokna S/o Shri Shera Ram Rokna, R/o 1-D-Choti,
Near Sadhuwali Bus Stand, Tehsil And District Sri
Ganganagar.
----Respondents
For Petitioner(s) : Mr. Mahendra Bishnoi
For Respondent(s) : Mr. Sarwan Kumar for
Mr. Hemant Choudhary
[2023:RJ-JD:32750] (2 of 4) [CW-5658/2020]
Mr. Himanshu Shrimali
JUSTICE DINESH MEHTA
Order
04/10/2023
1. Learned counsel for the petitioners 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
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 cases.
2. Learned counsel for the respondents do not dispute the
aforesaid position and prayer.
3. Hence, the present 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 the present 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
[2023:RJ-JD:32750] (3 of 4) [CW-5658/2020]
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 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.
[2023:RJ-JD:32750] (4 of 4) [CW-5658/2020]
(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."
5. For the present case, the date mentioned in direction (xi)
shall be read as 29.02.2024, instead of 31.12.2023.
6. In case, the amount is found to have been paid, the
condition (v) of the para No. 4 of the order dated 03.05.2023 shall
be considered deleted accordingly and the applicants will not be
insisted to pay further.
7. All interlocutory application(s), including stay petition stand
disposed of accordingly.
(DINESH MEHTA),J
88-89-akansha/-
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