Disposed

Smt Rukman Kabra v. Shri Naresh Pal Gangwar

Rajasthan HC6 Dec 2018CCP/1309/2018

Case brief

AI extract

What is this about?

High Court disposed of a contempt petition arising from a writ case regarding employee benefits, citing disputes over data to justify no contempt finding. Court directed departmental heads to hear parties and direct payment within a fixed timeline, accepting balance-sheets over bank statements.

What did the court decide?

Contempt petition disposed; relief directed to department to hear parties, determine claim, and pay dues by 1 January 2019.

Smt Rukman Kabra Vs Shri Naresh Pal Gangwar — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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D.B. Civil Contempt Petition No.1309/2018

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D.B. Civil Special Appeal (Writ) No.663/2015

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Smt. Rukman Kabra Wife of Shri Rajesh Kabra, aged about 50 years, Resident of 4A, Shanti Nagar, Hiran Magri, Sector-3, Udaipur

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----Petitioner

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Versus

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Shri Naresh Pal Gangwar, Principal Secretary to the Government, Department of Education, Secretariat, Jaipur

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Shri Shyam Singh Rajpurohit, Director/Commissioner, Elementary Education, Rajasthan, Bikaner (Raj.)

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Shri Ram Krishan Garg, District Education Officer 1^st , Elementary, Udaipur (Raj.)

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Shri Ram Krishan Garg, Administrator, Managing Committee, Saraswati Shishu Niketan Secondary School, Udaipur (Raj.) cum District Education Officer 1^st , Elementary, Udaipur (Raj.)

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State of Rajasthan through its Principal Secretary to the Government, Department of Elementary Education, Secretariat, Jaipur

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----Respondents For Petitioner(s) : Mr. D.P. Sharma For Respondent(s) : Mr. Y.S. Jadaun for Mr. S.K. Gupta, Additional Advocate General

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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06/12/2018

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This petition arises out of the judgment of the Division Bench dated 6th November 2015 whereby the Division Bench has directed the State Government to pay the benefit to the

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(2 of 3) [CCP-1309/2018]

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employees which are required to be contributed by the management also.

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The matter was adjourned from time to time. It seems that there are serious dispute regarding the pay scale and other calculations like increment given to the employees by management and correct data are not supplied to the Government. Therefore, the government is not updated.

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In that view of the matter, it will be very difficult for us to hold that it is deliberate omission on the part of the respondents which can call for interference under Contempt Of Courts Act.

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However, looking to the over all circumstances of the case, we are of the considered opinion that the matter is required to be attended by the highest officers of the concern department namely Commissioner College Education, Secretary School Education, Secretary Sanskrit Education, Secretary Technical Education, who will look into the matters.

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Therefore, in this matter, we issue the following directions:-

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The directions which are issued are required to be complied with by the respondents in its true spirit.

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The contempt petition will be treated as representation to the concerned Secretary. Copy of the same will be given to the concern Secretary by the petitioner and office is directed to give copy of the same to each of counsel who is appearing for the department.

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Notice will be issued to management by the Secretary for fixing date of hearing in this Contempt Petition and hearing will be fixed on all working days.

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The matter will be heard within 30 days from the date of hearing and payment will be made within 15 days from the date of the order as stated hereinabove.

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The officers concern will hear the petitioner as well as officers of the department and representative of

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[CCP-1309/2018]

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(3 of 3)

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Management and will pass a reasoned order for accepting or not accepting the claim of the petitioner.

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All these formalities will be completed on or before 25 December, 2018 and payment will be made on or before 1^st January, 2019.

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After this order is passed by the authority, if any of the party is aggrieved by the order, it will be open for him to challenge by way of writ or file a contempt proceedings before this Court.

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One of the grievance which has been made is that the Bank statements are called for. In our considered opinion, instead of Bank statement, if the balance-sheet of the concerned Trust/Management is produced on record, the government will verify record of Trust/Management on the basis of balance-sheet.

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If the Management is not cooperating, it is presumed that they are not obeying the order of the Court and the government will decide to deduct their contribution towards grant but payment is to be made to the petitioners.

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We request the concern learned Additional Advocate General to produce on record the order passed by the authority in the file after the order is received him.

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With the above observations, all contempt petition stands disposed of.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),J

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//Jaiman//11

Smt Rukman Kabra v. Shri Naresh Pal Gangwar

Case brief

What is this about?

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Smt Rukman Kabra v. Shri Naresh Pal Gangwar

Case brief

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