Rajasthan High Court
Maksood Ahmad vs Chairman,Raj Board Of Muslim W ... on 28 February, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:10280] (1 of 3) [CW-3043/2000]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3043/2000
Maksood Ahmad S/o Shir Hafiz Sherief Ahmad, aged about 38
years, resident of Jama Maszid, Gandhi Chowk, Singhana, Tehsil
Khetri, Distt. Jhunjhunu (Raj.)
----Petitioner
Versus
1. The Chairman of Rajasthan Board of Muslim Wakfs, D-87,
Meera Marg, Jaipur (Raj.)
2. The Secretary of Rajasthan Board of Muslim Wakfs, Jaipur.
3. the Chief Executive Officer, Rajasthan Board of Muslims
Wakfs, Jaipur.
----Respondents
For Petitioner(s) : Mr. Mahendra Singh Gurjar
For Respondent(s) : Mr. M. F. Baig
HON'BLE MR. JUSTICE SAMEER JAIN
Order
28/02/2024
1. The instant petition is filed with the following prayers:-
"(i) the writ petition may kindly be allowed and
respondents be directed to grant the pay scale of Rs.
1000-15-1150-20-1358-25-1600, another allowance
w.e.f. 01.12.93, as per direction of the Apex Court
and scheme of the Board dated 02.01.1996 and
05.01.1996 with difference of pay and arrears
throughout and interest @ 2% per annum;
(ii) Any other appropriate other direction which this
Hon'ble Court may deem just and proper in the facts
and circumstances of the case may also kindly be
issued in favour of the petitioner.
(iii) That heavy cost of writ petition may also kindly
be awarded in favour of the petitioner."
2. It is submitted by learned counsel for the petitioner that vide
the judgment of the Hon'ble Apex Court, as enunciated in All
[2024:RJ-JP:10280] (2 of 3) [CW-3043/2000]
India Imam Organization & Ors. Vs. Union of India &
Ors:1993 AIR 2086, certain guidelines were formulated for the
remuneration and consideration required to be paid to moulvis and
imams across the country. Therefore, seeking compliance of the
said judgment, the instant petition was filed in the Year 2000. In
support of the prayers made, learned counsel placed reliance upon
Annexure-6 dated 22.10.1999, which exhibits compliance having
already been made qua certain select moulvis and imams by the
respondent-authorities.
3. At this juncture, learned counsel for the petitioner has put
forth a preliminary objection regarding the maintainability of the
instant petition. In this regard, it is submitted that pursuant to the
passing of the judgment of All India Imam Organization
(Supra), an interim application was preferred whereby placing
reliance upon the provisions of Section 83 of THE WAQF Act, 1995,
it was held that if any grievance regarding salary emoluments and
considerations persisted, then the same could be raised before the
learned WAQF Tribunal. In support of the said submissions,
reliance was placed upon the dictum of this Court as enunciated in
SBCWP No. 9596/2017 titled as Marwar Muslim Educational
and Welfare Society Vs. State of Raj. & Ors. Furthermore,
reliance was also placed upon the dictum of the Hon'ble Apex
Court as enunciated in Board of WAKF, West Bengal Vs. Anis
Fatma Begum & Anr.: (2010) 14 SCC 588, wherein it was held
that that all matters pertaining to WAQFs, should first be filed at
the first instance before the WAQF Tribunal, constituted under
Section 83 of the WAQF Act, 1995 and should not be entertained
[2024:RJ-JP:10280] (3 of 3) [CW-3043/2000]
by the Civil Courts or the Hon'ble High Court under Article 226 of
the Constitution of India.
4. Considering the arguments advanced above and taking note
of the fact that the lis before this Court pertains to the aspect of
salary and carrying out of selection in the public domain, placing
reliance upon the dictum of the Hon'ble Apex Court as enunciated
in Anis Fatma Begum (Supra), this Court deems it appropriate
to relegate the matter to the WAQF Tribunal, constituted as per
the Act of 1995, for fresh adjudication.
5. In this background, the petitioner if he may so choose, is
granted the liberty to file a requisite application before the learned
WAQF Tribunal encapsulating his grievance in accordance with the
requisite procedure established by law, within a period of one
month. Thereafter, the learned WAQF Tribunal, after duly
effectuating compliance with the principles of natural justice and
also, the law applicable, shall dispose of the said application
expeditiously, within an upper limit of three months.
6. It is made clear that if the petitioner files the requisite
application before the learned WAQF Tribunal within the prescribed
period of one month, then the impediment of delay and laches
shall not be cast upon the application of the petitioner.
7. In terms of the aforesaid, the instant petition is disposed of.
Pending applications, if any, also stand disposed of.
(SAMEER JAIN),J
Pooja/5
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