[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
The Director/ Commissioner vs Managing Committee ... on 4 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:6429-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
D.B. Spl. Appl. Writ No. 295/2023
The Director, Technical Education, Jodhpur.
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura
Udaipur. Through The Secretary.
2. Managing Committee Vidhya Bhawan, Rural Institute
Polytechnic College Fatehpura Udaipur Through The Secretary
3. Ratanlal Meghwal S/o Shri Jai Chand Meghwal, Opposite Dagai
Mand Ara Machine Village And Post Lakadvaas Tehsil Girva
District Udaipur
4. Rajasthan Non Government, Educational Institution Tribunal
Secretariat, Jaipur.
----Respondents
Connected With
D.B. Spl. Appl. Writ No. 338/2023
The Director Technical Education, Jodhpur
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udaipur, Through The Secretary.
2. Managing Committee Vidhya Bhawan, Rural Institute
Polytechnic College Fatehpura Udaipur Through The Secretary
3. Prem Singh Jhala S/o Late Shri Maan Singh Jhala, R/o Kadmal
House Parshuram Colony Neemachkera Devali District Udaipur
4. Rajasthan Non Government, Educational Institution Tribunal
Secretariat Jaipur
----Respondents
D.B. Spl. Appl. Writ No. 615/2023
The Director, Technical Education, Jodhpur.
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udaipur Through The Secretary
2. Managing Committee, Vidhya Bhawan, Rural Institute
Polytechnic College Fatehpura Udaipur Through The Secretary.
3. Manoj Paliwal S/o Late Shri Chatur Lal Paliwal, R/o 265,
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Krishnapura, Road No. 8, Behind St. Paul School, District
Udaipur.
4. Rajasthan Non Government Educational Institution Tribunal,
Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 644/2023
The Director/Commissioner, Secondary Education Government Of
Rajasthan, Bikaner
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udaipur, Through The President.
2. Managing Committee, Vidya Bhawan Senior Secondary School,
Fatehpura Udaipur Through the Secretary.
3. Ram Prasad Bangar S/o Shri Laxmi Narayan Bangar, R/o 8/9
Matra Vidhya Vihar Colony, Near Shrinath Colony Pula,
Fatehpura, District Udaipur.
----Respondents
D.B. Spl. Appl. Writ No. 649/2023
Director/Commissioner, Secondary Education, Government Of
Rajasthan, Bikaner.
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udaipur through The President.
2. Managing Committee, Vidya Bhawan Senior Secondary School,
Fatehpura, Udaipur Through The Secretary.
3. Pushplata Shrimali W/o Shri Harish Chandra Shrimali, R/o 286,
Fatehpura, Udaipur (expired).
----Respondents
D.B. Spl. Appl. Writ No. 653/2023
The Director/Commissioner, Secondary Education, Government Of
Rajasthan, Bikaner.
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udaipur, Through The President.
2. Managing Committee, Vidya Bhawan Senior Secondary School,
Fatehpura, Udaipur Through The Secretary.
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3. Ratan Lal Dangi S/o Late Shri Hira Lal Dangi, R/o Village Bhalo
Ka Guda, Vai Zinc Smelter, Udaipur.
----Respondents
D.B. Spl. Appl. Writ No. 684/2023
Director/Commissioner, Secondary Education, Government Of
Rajasthan.
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udaipur, Through The President.
2. Managing Committee, Vidya Bhawan Senior Secondary School,
Fatehpura ,udaipur Through The Secretary
3. Shagufta Anjum W/o Shri Sirazuddin, R/o 14, Titawala Ki Badi
Kharol Colony, Tank Building Ke Aage, Udaipur.
----Respondents
D.B. Spl. Appl. Writ No. 731/2023
Director Technical Education, Jodhpur.
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura
Udaipur, Through the Secretary.
2. Managing Committee Vidhya Bhawan Rural Institute,
Polytechnic College, Fatehpura, Udaipur, Through The
Secretary.
3. Kundan Singh Chouhan S/o Shri Shiv Singh Chouhan, R/o 22
Narayan Nagar, Badgaon, Tehsil Girva, District Udaipur.
4. Rajasthan Non Government Educational Institution Tribunal,
Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 737/2023
The Director/Commissioner, Secondary Education, Government Of
Rajasthan, Bikaner.
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura
Udaipur Through The President.
2. Managing Committee, Vidya Bhawan Senior Secondary School,
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Fatehpura, Udaipur Through The Secretary.
3. Dr. Anju Sharma W/o Dr. Chandra Prakash Sharma, R/o Plot
No.5, Luvnet Shivam Complex, Ara Machine Wali Gali,
Badgaon, Udaipur.
----Respondents
D.B. Spl. Appl. Writ No. 792/2023
The Director/Commissioner, Secondary Education, Government Of
Rajasthan, Bikaner
----Appellant
Versus
1. Managing Committee, Vidya Bhawan Society, Fatehpura,
Udapur, Through The President.
2. Managing Committee, Vidya Bhawan Senior Secondary School,
Fatehpura, Udaipur through The Secretary
3. Mrs. Madhu Bordia W/o Sh. Dileep Kumar Bordia, R/o 45,
Modern Complex, Pula, Bhuwana Road, Udaipur.
----Respondents
For Appellant(s) : Mr. Sajjan Singh Rathore, AAG with
Mr. Yuvraj Singh Rathore.
Mr. Ravindra Jhala for
Mr. S.S.Ladrecha, AAG
For Respondent(s) : Mr. Rakesh Arora.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Judgment
04/02/2026
Heard learned counsel for the parties.
The present bunch of Special Appeals arise out of the
common order dated 26.08.2022 passed by the learned Single
Judge whereby a batch of writ petitions was decided directing the
appellant State to pay the interest as directed by the Tribunal on
the delayed payment of Grant-in-Aid, therefore, the present
appeals are being decided by this common judgment.
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For deciding the controversy involved in the present batch of
appeals, briefly noted facts of the case are that the respondent
institutions being aggrieved against the judgment passed by the
Rajasthan Non-Government Educational Institutions Tribunal,
Jaipur (hereinafter referred to as the 'Tribunal') on various dates
and the Execution Petitions being pending before the Civil courts,
filed the writ petitions before the learned Single Judge. In the writ
petitions, it was stated that the respondents therein, who are
teachers/employees of the institutions approached the Tribunal for
payment of due amount of gratuity, leave encashment and other
payments relating to the arrears of pay based on revision of pay
scales. The case of the teachers/employees were decided by the
Tribunal. Against the order passed by the learned Tribunal giving
direction of payment of interest on the amount due to the
teachers/employees, the writ petitions were preferred by the
respondent institutions. The writ petitions filed by the respondent
Institutions were decided by the learned Single Bench vide its
order dated 26.08.2022 whereby a direction was issued for
payment of interest to be borne by the State Government though
interest on the amount of gratuity was was not ordered to be paid.
Aggrieved by this order dated 26.08.2022, the present batch of
appeals was filed by the appellant State.
Mr. Sajjan Singh Rathore, learned Additional Advocate
General vehemently submitted that there is no delay in making
payment of the amount of Grant-in-Aid to the respondent-
institutions because when the applications for claim in the
prescribed Format were preferred by the respondent-Institutions
to the State Government, the same were processed and the
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amount admissible in accordance with the rules was released to
the respondent institutions for payment to its employees. Learned
Additional Advocate General submits that since there was no delay
on the part of the State Government in releasing the payment,
therefore, the liability of making payment of interest cannot be
fastened upon the State Government. He, therefore, prays that
the present batch of appeals may be allowed and the order dated
26.08.2022 passed by learned Single Judge may be quashed and
set aside to that extent.
Per contra, learned counsel appearing for the respondent-
institutions vehemently opposed the submissions made by learned
Additional Advocate General. He submits that repeated
requests/reminders were sent to the State Government for
making payment of Grant-in-Aid to the respondent-Institutions so
that they can make further payments to their employees. Learned
counsel submits that since the amount were not released by the
State Government, therefore, writ petitions as well as contempt
petitions were also filed before this Court. Learned counsel
submits that after specific direction having been issued by this
court, the amount due was paid by the State Government. To
buttress his contentions, learned counsel for the respondent-
institutions has relied upon the judgment dated 13.03.2018
passed by Division Bench of this Court in a batch of appeals led by
D.B. Special Appeal (Writ) No.178/2017 (Mohan Giri
Goswami v/s Managing Committee, Rajasthan Mahil
Parishad & Ors.) and judgment dated 22.01.2021 passed by
Division Bench of this Court at Jaipur Bench in a batch of appeals
led by D.B. Special Appeal (Writ) No.1439/2019 (Director,
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Secondary Education v/s Managing Committee, Shree
Shwetambar Jain Secondary School & Anr.). However,
learned counsel for the respondent-institutions is not in a position
to give us the actual dates on which their claim applications were
preferred before the State Government as per Rule 11 of the
Rajasthan Non Government Educational Institutional Rules, 1993
(hereinafter referred to as the 'Rules of `1993') for making
payment of Grant-in-Aid.
Learned counsel very fairly submits that he may be directed
to submit proof of the same before the Executing Court where the
Execution Proceedings are pending. He further submits that if he
is able to satisfy the Executing Court that the claim applications
for grant of Grant-in-Aid remained pending before the State
Government beyond a period of 60 days, the State Government
will be liable to pay the interest on delayed payment of Grant-in-
Aid to the respondent-institutions. He fairly submits that although
there is no period of limitation prescribed for making the aforesaid
payment by the State Government but the period beyond 60 days
appears to be reasonable for award of interest on the delayed
payment.
We have considered the submissions made at the bar and
have gone through the relevant record of the case and the
impugned order dated 26.08.2022. Since, the controversy in the
present appeals is in a narrow compass relating to the fact as
whether the respondent institutions are entitled for interest on
delayed payment of the claims submitted by them before the
State Government, it is necessary to place on record the actual
dates on which the respondent-institutions filed their claim
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applications before the State Government in accordance with Rule
11 of the Rules of 1993 and the actual dates on which the amount
of Grant-in-Aid was disbursed by the State Government after a
period of 60 days.
It is also noted that there is no period prescribed under the
Rules of 1993 for payment of the amount of Grant-in-Aid to the
respective respondent-institutions on their claim applications.
However, this court feels that a period of 60 days appears to be
just and proper in the facts and circumstances of the present
case. Since, the execution petitions are still pending before the
respective Civil Court, therefore, ends of justice will meet, if the
present batch of Special Appeals is disposed of by modifying the
order dated 26.08.2022 passed by the learned Single Bench to the
extent that if the respondent-Institutions place on record the
exact dates of filing their claim applications before the State
Government for Grant-in-Aid by placing cogent evidence and the
State Government places on record, the exact dates of
disbursement of the amount made in favour of the respondent-
institutions and thereafter, if it is observed by the Executing Court
that the amount of disbursement made by the State Government
is after a period of 60 days from the date of filing claim
applications by the respondent-institutions, the respondent-
institutions will be entitled to claim interest on that delayed
payment. The Executing Court will pass the necessary orders for
payment of interest to be made by the State Government, if the
amount pursuant to the claim applications has been disbursed
after a period of 60 days as mentioned above.
Ordered accordingly.
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It is made clear that the amount received by the respondent-
institutions shall be disbursed to their employees.
The Stay Applications and other pending applications, if any,
also stand disposed of.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
15-24 Anil Singh/-
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