Disposed

Dr. Krishna Jain D/O Shri Dharam Chand Jain v. Shri Rajeev Mehrishi

Rajasthan HC4 Feb 2020CMAP/267/2019

Case brief

AI extract

What is this about?

This order modifies a previous direction barring the petitioner from approaching the Non-Government Educational Tribunal regarding non-payment of salary after the institution was taken over by the State. The Bench granted liberty to the petitioner to avail appropriate legal remedy. The application was disposed of.

What did the court decide?

Liberty granted to the petitioner to avail appropriate remedy under law in respect of her grievance regarding non-payment of salary.

Dr. Krishna Jain D/O Shri Dharam Chand Jain Vs Shri… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Miscellaneous Application No. 267/2019

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Dr. Krishna Jain D/o Shri Dharam Chand Jain, Aged About 58 Years, R/o Ward No. 12, Purani Dhan Mandi, Sangaria, District Hanumangarh.

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----Petitioner

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Versus

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Shri Rajeev Mehrishi, Chief Secretary, Govt. Of Rajasthan, Secretariat, Jaipur

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Shri Rajeev Swaroop, Principal Secretary, Department Of Higher Education, Chief Secretary, Govt. Of Rajasthan, Secretariat, Jaipur.

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Shri Sameer Singh Chandel, Director, Deptt. Of College Education, Dr. Radhakrishanan Shiksha Sankul, J.L.N. Road, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Sarthak Rastogi For Respondent(s) : Mr. S.S.Raghav, AAG with Ms.Harshita

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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04/02/2020

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This misc. application has been filed by the applicant for modification of the order dated 6.12.18 passed by a Coordinate Bench in D.B.Civil Misc. Application No.160/16, whereby the prayer of the applicant for revival of the contempt petition already disposed of, was rejected, however, she was given liberty to avail the remedy before the Rajasthan Non-Government Educational Tribunal regarding payment of salary.

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The directions issued by this Court read as under:-

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[CMAP-267/2019]

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(2 of 2)

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“In view of the judgment referred to above and in the light of the facts of these cases, we do not find any reason to entertain the misc application to revive the contempt petitions once it was disposed of after hearing the misc applications pursuant to the liberty given in the first contempt petition. The contempt petition cannot be revived every time alleging that compliance has not been made for the period subsequent to the judgment of the court. The applicants have remedy before the Rajasthan Non-government Educational Tribunal thus while dismissing the misc applications, liberty is given to take appropriate remedy to seek the benefits as admissible.”

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Learned counsel appearing for the applicant submits that the Non-Government Educational Institution wherein the applicant was working has been taken over by the State Government and therefore, now the applicant cannot approach the NonGovernment Educational Tribunal in respect of non-payment of salary, thus, the order may be modified giving the applicant liberty to avail appropriate remedy available under the law.

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Keeping in view the submissions made by counsel for the applicant as aforesaid, in our considered opinion, the prayer for modification made, appears to be justified.

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Accordingly, the directions issued by this Court are modified to the extent that the applicant shall be at liberty to avail the appropriate remedy available under the law in respect of her grievance as indicated above.

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The application stands disposed of.

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(MAHENDAR KUMAR GOYAL),J

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(SANGEET LODHA),J

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RAJESH PRAJAPAT /646-10

Dr. Krishna Jain D/O Shri Dharam Chand Jain v. Shri Rajeev Mehrishi

Case brief

What is this about?

What did the court decide?

Dr. Krishna Jain D/O Shri Dharam Chand Jain v. Shri Rajeev Mehrishi

Case brief

What is this about?

What did the court decide?

What the court decided

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