State Of Rajasthan vs Managing Committee, Shri Jain ...
2024 Latest Caselaw 17 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Managing Committee, Shri Jain ... on 2 January, 2024

[2024:RJ-JD:333]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 9736/2021

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.       Jagdish Gupta S/o Shri Shiv Narayan Gupta, House No.
         51, Shiv Chowk, Badi Haveli, Udaipur (Raj.).
4.       The Rajasthan Non-Government Educational Institutions
         Tribunal, Jaipur.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Hemant Choudhary.
                                  Mr. Vishal Jangid.
For Respondent(s)           :     Mr. Manoj Bhandari, Sr. Advocate
                                  assisted by Mr. Ojas Gupta.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

02/01/2024

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 towards Arrears of Vth and Vith Pay Commissions, to the tune of Rs.58,791/- (50% of grant-in-aid), out of total payable amount of Rs.1,17,582/-;

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

[2024:RJ-JD:333] (2 of 2) [CW-9736/2021]

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 50%

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 50%. As regards the balance 50% 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 253-sumer/-

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