Rajasthan High Court - Jodhpur
Kamla Purohit vs State Of Rajasthan ... on 2 September, 2023
Bench: Nupur Bhati
[2023:RJ-JD:27697]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6686/2020
Kamla Purohit W/o Chandra Mohan Purohit, Aged About 69
Years, R/o City Police, Kapda Bazar, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. The District Education Officer, Elementary Education
Office, Jodhpur.
4. The District Education Officer, Secondary Education Office
I, Jodhpur.
5. The Secretary, Managing Committee, Bal Niketan,
Jodhpur.
----Respondents
For Petitioner(s) : Mr. P.R.S. Jodha
For Respondent(s) : Mr. K.K. Bissa
HON'BLE DR. JUSTICE NUPUR BHATI
Order
02/09/2023
1. Learned counsel for the petitioner submits that the issue
raised in the present writ petition is squarely covered by order
dated 17.11.2011 passed in Gordhan Mal Singhvi v. State of
Rajasthan & Ors. : S.B.C.W.P. No. 5118/218 and Division
Bench judgment in State of Rajasthan & Anr. v. The
Management Committee Sh. Bhagwan Das Todi College :
D.B. Special Appeal (Writ) No. 663/2015, decided on
06.11.2015.
[2023:RJ-JD:27697] (2 of 3) [CW-6686/2020]
2. Learned counsel appearing for the respondent-State submits
that though the reply to the writ petition has been filed on behalf
of the respondent Nos. 1 to 4, which is sworn by District Education
Officer, Secondary Education Office-I, Jodhpur, the petitioner has
impleaded the Director, Elementary Education, Rajasthan, Bikaner
and the District Education Officer, Elementary Education Office,
Jodhpur as a party respondent in the writ petition, whereas, it is
the Director, Secondary Education, Bikaner and the District
Education Officer, Secondary Education-I, Jodhpur, who are the
relevant authorities.
3. In the circumstances of the case, wherein, respondent No.
1-State has been impleaded and the response to the writ petition
on behalf of respondent Nos. 1 to 4 has been filed by the District
Education Officer, Secondary Education Office-I, Jodhpur, it is
directed that instead of the Commissioner, Elementary Education,
Rajasthan, Bikaner and the District Education Officer, Elementary
Education, Jodhpur as respondent Nos. 2 and 3, the Director,
Secondary Education, Rajasthan, Bikaner and the District
Education Officer, Secondary Education, Jodhpur respectively shall
be read as respondents.
4. The submissions made by learned counsel for the petitioner
regarding the issue being concluded by judgments in the case of
Gordhan Mal Singhvi (supra) and Bhagwan Das Todi College
(supra) are not disputed by learned counsel for the respondents.
5. In view of the above, the writ petition filed by the petitioner
is allowed in light of and with the similar directions as in the case
of the above judgments in the following terms:-
[2023:RJ-JD:27697] (3 of 3) [CW-6686/2020]
"(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 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 interst @ 12% per annum
from23.07.2008 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 submitting in its claim in accordance with
the provisions of the Rules of 1993 and the applicable
decisions."
6. Further, the respondent Nos.1 to 4 and 5 are also directed to
comply with the direction as given/observations made in the case
of Bhagwan Das Todi College (supra), wherein, inter alia, the
following directions have been given regarding payment:-
"The Special Appeals filed by the State Government are
without substance and accordingly dismissed and taking
note of the Sec.31(2) of the Act, 1989 we direct the Non-
Government Educational Institutions to prepare due drawn
statement of each of the employees of their Institution who
have worked against sanctioned & aided posts in regard to
their arrears of salary and other dues which are approved
expenditure to the extent of grant-in-aid and the same be
sent to the State Government and the State Government
after its due verification from their records will make
payment of arrears to each of the employee who either have
now become members of Rules, 2010 or have retired or left
the job (up to the period one has worked) and to other
employees similarly situated under intimation to the
concerned Non-Government Recognized Institution."
7. In the circumstances of the case needful may be done within
a period of three months from the date of receipt of certified copy
of this order.
(DR. NUPUR BHATI),J
87-/Devesh/-
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