Rajasthan High Court - Jodhpur
Bal Shiksha Samiti vs State Of Rajasthan (2025:Rj-Jd:18691) on 16 April, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:18691]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5827/2025
Bal Shiksha Samiti, Napasar, Bikaner (Raj.). Through Its
Secretary, Jagrati Modi D/o Shri Lal Modi, Aged About 56 Years,
Resident Of 8-B-43, Jai Narayan Vyas Colony, Bikaner Secretary,
Management Committee, Bal Shiksha Samiti, Napasar, Bikaner
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, School And
Sanskrit Education Department, Govt. Of Rajasthan,
Jaipur.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. The District Education Officer, Elementary Education,
Bikaner.
4. The Deputy Director, Elementary Education, Churu.
----Respondents
For Petitioner(s) : Mr. Mahesh Thanvi
For Respondent(s) : Mr. Digvijay Sodha, OIC present in
person.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
16/04/2025
1. It is submitted by learned counsel for the petitioner 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. 5118/2018 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.
[2025:RJ-JD:18691] (2 of 3) [CW-5827/2025]
2. 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 the respondents.
3. In view of the above, the writ petition filed by the petitioner
is allowed in light of and with the similar directions as given in the
above cases in the following terms:-
"(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 interest @ 12%
per annum from 23.07.2008 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."
4. Further, the respondents 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 direction
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 NonGovernment Educational Institutions
[2025:RJ-JD:18691] (3 of 3) [CW-5827/2025]
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 (upto the period one has worked) and to other
employees similarly situated under intimation to the
concerned Non-Government Recognized Institution."
5. In the circumstances of the case needful may be done within
a period of three months from the date of this order.
(VINIT KUMAR MATHUR),J
51-SanjayS/-
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