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Managing Committee Shri Shyam Ucch ... vs Ravi Shankar Sharma ...
2026 Latest Caselaw 4663 Raj

Citation : 2026 Latest Caselaw 4663 Raj
Judgement Date : 27 March, 2026

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Managing Committee Shri Shyam Ucch ... vs Ravi Shankar Sharma ... on 27 March, 2026

[2026:RJ-JD:14508]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 6341/2026

Managing Committee Shri Shyam Ucch Prathmik Pathshala,
(Shyam Pathshala Samiti) Bhadra, Hanumangarh (Raj.) Through
Secretary, Vijay Shankar S/o Shiv Shankar Age 40 Years.
                                                                     ----Petitioner
                                     Versus
1.       Ravi Shankar Sharma S/o Shri Dhanraj Sharma, R/o Shri
         Shyam Niwas, Bhadra, Ward No. 15, Tehsil Bhadra,
         District Hanumangarh (Raj.)
2.       The    Director,    Elementary          Education,       Bikaner    (Raj.)
         334001.
                                                                  ----Respondents


For Petitioner(s)           :    Mr. Himanshu Shrimali.
For Respondent(s)           :    Mr. Kamlesh Sharma for R.2.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

27/03/2026

1. The petitioner institution has filed the present writ petition

challenging the order dated 24.11.2025 passed by the Rajasthan

Non-Government Educational Institutions Tribunal, Jaipur, in

Application No. 43/2025 titled "Ravi Shankar Sharma vs.

Managing Committee", to the extent it directs the petitioner

institution to comply with the order and make payment of

outstanding dues of the employee (Respondent No.1) without

prior determination of the actual outstanding amount.

2. Learned counsel for the parties are ad idem that the

controversy involved in the present case is no longer res integra

and stands covered by the judgment of this Court in Marudhar

Balika Vidhyapeeth Vidyawadi (Higher Secondary) vs. State

(Uploaded on 28/03/2026 at 02:54:50 PM)

[2026:RJ-JD:14508] (2 of 4) [CW-6341/2026]

of Rajasthan & Ors. (S.B. Civil Writ Petition No.

6082/2020), decided along with a batch of connected matters on

26.04.2023, wherein the Coordinate Bench, relying upon the

Division Bench judgment rendered in State of Rajasthan & Anr.

vs. The Management Committee, Sh. Bhagwan Das Todi

College (D.B. Special Appeal (Writ) No. 663/2015), decided

on 06.11.2015, disposed of the petitions with certain directions.

3. In view of the aforesaid consensus between learned counsel

for the parties, the present petition is also disposed of with the

following directions:-

(i) The petitioner (Institution) 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 statement of the employee has already been

sent, the Institution shall forward a photocopy of the due drawn

statement and order of the Tribunal to the concerned District

Education Officer (D.E.O.) within a period of 15 days from today

along with a copy of the order instant.

(iii) The concerned District Education Officer/competent authority

of the State Government shall examine and process the same and

determine the amount payable to respondent No.1-employee

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, where the employee(s) had served.

(Uploaded on 28/03/2026 at 02:54:50 PM)

[2026:RJ-JD:14508] (3 of 4) [CW-6341/2026]

(v) On receipt of the calculation made by the State Government,

the petitioner - Institution will be required to deposit its share of

the amount to the tune of 50% 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 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, the respondent No.1-employee will furnish the

details of his bank account before the Tribunal.

(vii) The State Government shall deposit its 50% share before the

Tribunal within a period of six months of the amount having been

determined.

(viii) The amount deposited by the Institution and the State

Government will be remitted in the account of the respondent

No.1-employee 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,

respondent No.1-employee employee shall be free to take up his

cause afresh before the Tribunal, in case he is not satisfied with

the amount calculated by the State Government.

(xi) Till 31.12.2026, the execution proceedings (if any) pending

before the Tribunal or in the concerned Civil Court shall remain in

abeyance.

(Uploaded on 28/03/2026 at 02:54:50 PM)

[2026:RJ-JD:14508] (4 of 4) [CW-6341/2026]

4. Stay petition as well as pending applications, if any, stand

disposed of.

(MUKESH RAJPUROHIT),J 51-/Jitender//-

(Uploaded on 28/03/2026 at 02:54:50 PM)

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