Rajasthan High Court - Jodhpur
Management Committee Girls Higher ... vs Daljeet Kaur (2025:Rj-Jd:35402) on 8 August, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:35402]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 121/2022
Management Committee Girls Higher Secondary School,
Gramothan Vidhyapeeth Sangaria, District Hanumangarh,
Rajasthan Through Its Secretary Sukhraj Singh S/o Shri Jeevan
Singh, Aged About 55 Years.
----Petitioner
Versus
1. Daljeet Kaur D/o Jagat Singh, R/o Ward No. 23, Badia
Colony In Front Of Railway Station, Sangaria, District
Hanumangarh, Rajasthan.
2. Commissioner, Secondary Education, Rajasthan, Bikaner.
----Respondents
For Petitioner(s) : Mr. Pradeep Singh
For Respondent(s) : Mr. Deepak Pareek
HON'BLE MS. JUSTICE REKHA BORANA
Order
08/08/2025
1. The matter comes upon an application under Article 226 (3)
of the Constitution of India for vacation of interim order dated
26.08.2022.
2. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment passed by
a Co-ordinate Bench of this Court in S.B. Civil Writ Petition
No.6082/2020: Marudhar Balika Vidyapeeth Vidyawadi Vs.
State of Rajasthan & Ors. (decided on 26.04.2023). He submits
that similar directions be passed in the present matter too.
3. Learned counsel for the respondent-Department also
consents to the aforesaid submission.
[2025:RJ-JD:35402] (2 of 3) [CW-121/2022]
4. In view of the submission made, the present writ petition is
also disposed of in terms of the judgment passed in the case of
Marudhar Balika Vidyapeeth Vidyawadi (supra).
5. The directions given by the Court in Marudhar Balika
Vidyapeeth Vidyawadi (supra) shall apply to the present case
too and for the sake of clarity, the same are being reproduced
hereunder [with modification of date in para (xi)]:-
"(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.) 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
[2025:RJ-JD:35402] (3 of 3) [CW-121/2022]
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.
(viii) The amount deposited by the Institutions and the State
Government will be remitted in the accounts of the employees
forthwith.
(ix) Upon the full amount as calculated by the State being
deposited by the State and the Institutions, the execution
proceedings before the Tribunal/Civil Court shall stand closed.
(x) 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.
(xi) Till 28.02.2026, the execution proceedings (if any)
pending before the Tribunal or in the concerned Civil Courts
shall remain in abeyance."
6. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
39-manila/-
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