Allowed

Ram Singh Jodha and Ors. v. Secretary,Dept.of Education and Ors.

Rajasthan HC3 Aug 2018CW/5677/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the writ petition, directing respondents to comply with obligations to pay arrears of salary and dues to Non-Government Aided Institution employees under an earlier Division Bench judgment, setting a compliance timeline.

What did the court decide?

Directing respondents to ensure compliance with previous directions to pay approved arrears of salary and other dues to eligible employees, with a deadline of three months.

Ram Singh Jodha and Ors. Vs… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ No. 5677/2017

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Ram Singh Jodha S/o Shri Hari Singh, B/c Rajput, Resident Of 6/174, Shikshak Colony, Chopasani Road, Jodhpur Formar Head Master, Shri Umaid Vishisth Purva Primary School, Chopasani, Jodhpur.

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Dhanna Ram Gaur S/o Shri Labu Singh, B/c Rawana Rajput, Resident Of Fourth Puliya, Chopasani Road, Suthla, Jodhpur, Former Head Cook, Shri Umaid Vishisth Purva Primary Schook Chopasani, Jodhpur.

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Vishvember Dayal Sharma S/o Shri Chiranji Lal, B/c Brahmin, Resident Of 4/55, Sikshak Colony Near Chopasani School, Jodhpur Former Lectrur School Education, Chopasani Hr. Secondary School, Jodhpur

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Shri Kanhaya Lal Dave S/o Shri Ganga Shankar, By Caste Brahmin, Resident Of 5/121 Shikshak Colony, Chopasani Jodhpur Former Librarian, Chopasani Hr. Secondary School, Jodhpur.

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Bhanwar Singh Bhati S/o Shri Umaid Singh Bhati, B/c Rajput, Resident Of 53, Vijay Nagar, Near Chopasani School, Opp. Kothar Jodhpur Former Sr. Clerk, Central Office, Chopasani School, Jodhpur.

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Shri Shambhu Singh Rajawat Former L.d.c. Chopasani Hr. Secondary School, Jodhpur, Deceased Through His Legal Representatives:-

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6.1 Kiran Kanwar W/o Late Shri Sambhu Singh Jajawat

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6.2 Dilip Singh S/o Late Shri Sambhu Singh Jajawat

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6.3 Shashi Rajawat D/o Late Shri Sambhu Singh Jajawat 6.4 Narendra Singh S/o Late Shri Sambhu Singh Jajawat All by caste Rajput, R/o Plot NO.101, Near Aashapura, Mandir, Chopasni Jodhpur.

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----Petitioners

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Versus

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Secretary to The Govt. Department of Education, Rajasthan, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner

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The Director, Elementary Education, Rajasthan, Bikaner.

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The District Education Officer, Secondary, Education Department, Jodhpur.

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(2 of 4)

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[CW-5677/2017]

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District Education Officer, Elementary, Education Department, Jodhpur.

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Secretary, Management Committee, Shri Chopasani Shiksha Samiti, Chopasani Jodhpur Raj.

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----Respondents

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For Petitioner(s) : Mr. Ranjit Joshi For Respondent(s) : Mr. B.L. Bhati & Ms. R.R. Kanwar Govt. Counsel For Respondent No.6 : Mr. S.S. Rathore

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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03/08/2018

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It is stated at Bar by leaned counsel for the parties that lis involved in this writ petition is squarely covered by Division Bench Judgment rendered by Jaipur Bench of this Court in D.B. Special Appeal(W) No.663/2015 (State of Rajasthan & Anr. V/s. Management Committee, Sh. Bhagwan Das Todi College, decided on 6^th of November, 2015). The Division Bench, after examining the matter, placed reliance on its earlier verdict in case of Arti Mathur V/s. State of Rajasthan and issued following directions:-

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“...In those batch of Writ Petition No.829/2012 [Arti Mathur Vs. State of Rajasthan] along with other writ petitions came to be decided by the Division Bench of this court vide judgment dt.16.04.2013 finally held that the action of the Government in withdrawing grant-in-aid, so far as it relates to the posts in which the teaching and nonteaching staff of the Non-Government Aided Educational Institutions are still continuing, is adjuged to be illegal and ultravires of the Act, 1989 and mandated the State Government for such of the teaching/non-teaching staff working in the Non-Government Aided Institutions, the State Government is under an obligation to the extent sanction grant-in-aid and release the same to the Institution but we have been

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(3 of 4)

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[CW-5677/2017]

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informed that judgment of the Division Bench of this court came to be challenged by the State Government in Special Leave to Appeal and interim protection has been granted by the Apex Court.

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The Special Appeals filed by the State Government are without substance and accordingly dismissed and taking note of the Sec.31(2) of the Act, 1989 we direct the NonGovernment Educational Institutions to prepare due drawn statement of each of the employees of their Institution who have worked against sanctioned & aided posts in regard to their arrears of salary and other dues which are approved expenditures to the extent of grantin-aid and the same be sent to the State Government and the State Government after its due verification from their records will make payment of arrears to each of the employee who either have now become members of Rules, 2010 or have retired or left the job (upto the period one has worked) and to other employees similarly situated under intimation to the concerned NonGovernment Recognized Institution.

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However, it may not remain confined to such of the employees who are covered under the present litigation and since the employees of the State Government and the NonGovernment Aided Institution are under litigation at various levels either before the ld.Tribunal or in this Court and after this issue being settled by us, we consider it appropriate that let this order be made applicable mutatis mutandis to all such employees who are similarly situated, in the manner as directed by this court and indicated above.

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The Non-Government Aided Institutions shall ensure compliance of this order within two months and the State Government shall ensure compliance in letter & spirit within two months thereafter by making actual payment to the employee of the Non-Government Aided Institutions.

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With these directions, all the special appeals stand disposed of, in the above terms. There shall be no order as to costs.”

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(4 of 4)

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[CW-5677/2017]

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Present writ petition is, therefore, allowed in terms of the judgment rendered in Management Committee, Sh. Bhagwan Das Todi College (supra) and the respondents are expected to ensure compliance of the directions, as expeditiously as possible, preferably within a period of three months from the date of receipt of this order.

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It is clarified that for facilitating payment of requisite amount of salary arrears and other dues to the petitioners, State Govt. shall furnish desired information to the respondent institution, as and when solicited, without any delay.

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a.asopa/-85

Ram Singh Jodha and Ors. v. Secretary,Dept.of Education and Ors.

Case brief

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Ram Singh Jodha and Ors. v. Secretary,Dept.of Education and Ors.

Case brief

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