Citation : 2026 Latest Caselaw 4663 Raj
Judgement Date : 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)
Powered by TCPDF (www.tcpdf.org)
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!