Rajasthan High Court - Jodhpur
Maharishi Dayanand P.G. College vs State Of Rajasthan (2024:Rj-Jd:112) on 2 January, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:112]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2006/2020
Bhopalwala Arya Senior Secondary School, 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
School And Sanskrit Education Department, Government
Of Rajasthan Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner.
3. Director, Primary Education, Rajasthan, Bikaner
4. Dharampal Verma S/o Shri Nathu Ram Verma, Aged
About 69 Years, R/o House No. 71, Naya Chak, Chahal
Chowk, Sri Ganganagar.
----Respondents
Connected With
S.B. Civil Writ Petition No. 1618/2020
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. Lal Chand Verma S/o Shri Kheta Ram, Aged About 72
Years, R/o Village Chak 7E Choti, Tehsil And District Sri
Ganganagar.
----Respondents
S.B. Civil Writ Petition No. 2040/2020
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,
(Downloaded on 03/01/2024 at 08:34:37 PM)
[2024:RJ-JD:112] (2 of 5) [CW-2006/2020]
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. Balveer S/o Shri Banwari Lal, Aged About 65 Years, R/o
House No. 998, Ward No. 13, Purani Abadi, Sri
Ganganagar.
----Respondents
S.B. Civil Writ Petition No. 2057/2020
Maharishi Dayanand P.g. College, Managing Committee Through
Its Manager Hari Ram Kukna S/o 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. Tulsi Das Purohit S/o Suraj Mal Purohit, Aged About 74
Years, 2/99 Housing Board, Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Mahendra Vishnoi
For Respondent(s) : Mr. Kailash Chaudhary for
Mr. Manish Vyas
Mr. Shrawan Kumar, AGC
Mr. Ashwini Kumar Babel
HON'BLE DR. JUSTICE NUPUR BHATI
Order
02/01/2024
[2024:RJ-JD:112] (3 of 5) [CW-2006/2020]
1. Learned counsel for the petitioner submits that the
controversy involved in this matter 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 case
2. Learned counsel for the respondents does not dispute the
aforesaid position and prayer.
3. Hence, the present writ petition is also disposed of in same
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 case,
however, learned counsel for the petitioner also submits that the
respondents have not initiated any execution proceedings against
the petitioner and thus, the direction No.9 as passed in the case of
Marudhar Balika Vidyapeeth Vidyawadi (supra), is not required to
be given. 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.)
[2024:RJ-JD:112] (4 of 5) [CW-2006/2020]
within a period of 15 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.
[2024:RJ-JD:112] (5 of 5) [CW-2006/2020]
(viii) The amount deposited by the Institutions
and the State Government will be remitted in
the accounts of the employees forthwith.
(ix) 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.
(x) Till 31.12.2023, the execution proceedings
(if any) pending before the Tribunal or in the
concerned Civil Courts shall remain in
abeyance."
5. All interlocutory application(s), including stay petition, stand
disposed of accordingly.
(DR.NUPUR BHATI),J
152-ajayS/-
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