State Of Rajasthan vs Managing Committee, Shri Jain ...
2024 Latest Caselaw 1983 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Managing Committee, Shri Jain ... on 29 February, 2024

[2024:RJ-JD:2037]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 9805/2021

State Of Rajasthan, Through The Director, Secondary Education
Department, Rajasthan, Bikaner.
                                                                       ----Petitioner
                                       Versus
1.       Managing Committee, Shri Jain Shwetambar Murti Pujak
         Education Society, Shiksha Society Bhawan, Vardhman
         Market, Hathipole, Udaipur Through Its Secretary.
2.       Managing Committee, Shri Vardhman Girls Secondary
         School, Loha Bajar, Hathipole, Udaipur (Raj.).
3.       Smt.       Rashmi       Bhatnagar        W/o      Shri     Krishan   Kumar
         Bhatnagar, R/o 12, Padmawati Complex, Mahapragya
         Vihar Ke Pass, Bhuvana, Udaipur (Raj.).
4.       The Rajasthan Non-Government Educational Institutions
         Tribunal, Jaipur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Vishal Jangid, Dy. GC.
For Respondent(s)            :



                HON'BLE MR. JUSTICE ARUN MONGA

Order

29/02/2024

1. Writ petition herein was filed on 27.07.2021 with the prayer,

which is reproduced in verbatim as below:-

"1. By an appropriate writ, order or direction it may be held that petitioner-State is liable to make payment to the respondent no. 3 only towards Arrears of Vth and VIth Pay Commissions, to the tune of Rs. 2,97,279/- (90% of grant-in-aid), out of total payable amount of Rs.3,30, 310/-;

2. By an appropriate writ, order or direction it may also be held that insofar as payment of interest and remaining amount beyond admissible grant-in-aid as per provisions of the rules, respondent no.1 and

[2024:RJ-JD:2037] (2 of 2) [CW-9805/2021]

2 are liable to satisfy the claim of respondent no. 3 to the said limited extent;

3. Any other relief/reliefs which this Hon'ble High Court may deem just and proper in the circumstances of the case, may kindly be granted in favour of petitioner."

2. Qua prayer no. 1, in course of hearing today, on a Court query,

it transpires that the State has already paid its 90% contribution

in accordance with judgment and order dated 23.02.2017

(Annex.1) passed by Rajasthan Non Government Educational

Institutions Tribunal, Jaipur. Therefore, to that extent, nothing

survives for adjudication before this Court.

3. It is admitted case of both the parties that the liability of the

State is confined only up to 90%. As regards the balance 10% to

be contributed by the respondent no. 2/ Institution, it is open to

the State to ensure recovery in accordance with the law and as

per the judgment rendered by the Tribunal ibid and, it is not for

this Court to initiate any execution proceeding under Article 226,

particularly, in the absence of State itself having defaulted on the

administrative side to take appropriate steps.

4. In view of the aforesaid, the writ petition is accordingly

dismissed.

(ARUN MONGA),J C1-Jitender

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